Agrinath Mdluli whose last known address is at House number 6443 Ext 6 Khuma

Court order seizes property linked to crime · Published 2024-02-02 · What is a POCA?

Party
Agrinath Mdluli whose last known address is at House number 6443 Ext 6 Khuma
Date
2023-07-06

Case

Case number
M361/2022

Parties addressed

  • Agrinath Mdluli whose last known address is at House number 6443 Ext 6 Khuma

Asset description

Gold seized by the South African Police Service on 24 June 2021 at house No 6443 Ext 6 Khuma held at under SAPS case docket Khuma Police Station CAS 74/06/21 under SAP 13/147/2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                        Case No: M361/2022
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION,MAHIKENG)
                  MMABATHO, 2023-07-06, BEFORE THE HONOURABLE JUSTICE MFENYANA J
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Gold seized by the South African Police Service on 24 June 2021 at house No 6443 Ext 6 Khuma held at
              under SAPS case docket Khuma Police Station CAS 74/06/21 under SAP 13/147/2021
 AN APPLICATION IN TERMS OF SECTION 38(1) OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
                                                     1998
          NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)

         The National Director of Public Prosecutions applied for and was granted a preservation of property order in
terms of section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
West Division, Mahikeng) on 06 July 2023 in case number M361/2022 in relation to:

         Gold seized by the South African Police Service on 24 June 2021 at house No 6443 Ext 6 Khuma held at
under SAPS case docket Khuma Police Station CAS 74/06/21 under SAP 13/147/2021 (a copy of the application and
order can be obtained from the person mentioned in par 9 hereunder).

        This notice is addressed to Agrinath Mdluli whose last known address is at House number 6443 Ext 6 Khuma
and any other persons who may have an interest in the property described above.

           Take notice that:
           1.If you have an interest in the property, you should understand that it is now at risk. You are advised to obtain
legal advice on whether your interest can be protected and, if so, on how to protect it.
           2.You are notified that the National Director will, within 90 days of publication of this notice, apply to the High
Court under section 48 of the POCA for a forfeiture order. The preservation order will remain in force until the application
for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
           3.If you intend to oppose the application for a forfeiture order, or you intend to apply for an order excluding
your interest from a forfeiture order in respect of the property, you must enter an appearance in terms of the order. The
requirements for such an appearance are set out in the order and are also dealt with in sections 39(3), (4) and (5) of
the POCA. An appearance must comply with these requirements and must be delivered to the office of the State
Attorney at the address mentioned in paragraph 9, below.
           4.Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 3 above.
           5.If you enter an appearance in terms of the order you will be entitled to be given 14 days' notice of the
application by the applicant for a forfeiture order in respect of the property.
           6.If you fail to enter an appearance in terms of the order or to comply with the above requirements, you will
not be given notice of the application for a forfeiture order and you will not be entitled to appear at the hearing of the
application. In such a case, the court may grant a default order forfeiting the property to the state under section 53 of
the POCA.
           7.You may, on good cause shown (including the non-availability of any other suitable remedy to protect your
legitimate rights or interests), on 3 days' notice in urgent instances and at least 7 days' notice in other instances to the
applicant, and within 8 days of becoming aware of the order, apply for reconsideration of the order.
           8.You are specifically advised that even if you intend to apply for reconsideration of the preservation order in
this case, you must, in addition, comply with paragraphs 4 and 5 above if you intend to oppose the forfeiture application
at a later date. Failure to do so can result in a forfeiture order being granted against the property by default and without
further notice to you.
           9.Whenever this order states that you must deliver or serve any notice, affidavit or other process document
on the applicant, you must deliver or serve them on the applicant at the following address:
           The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: 1708/2022/P2.
                                                   ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
36  No. 50061                         GOVERNMENT GAZETTE, 2 February 2024

Source