Mohapi Lesala whose last known adress Flat number 18 Ian Flats in Bramley

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

Party
Mohapi Lesala whose last known adress Flat number 18 Ian Flats in Bramley
Date
2023-07-13

Case

Court
NORTH WEST DIVISION,MAHIKENG

Parties addressed

  • Mohapi Lesala whose last known adress Flat number 18 Ian Flats in Bramley

Asset description

A White Ford Ranger with registration letters and numbers KB42SDGP and chassis letters and numbers AFAPXXMLJ2PH0018 and gold nuggets held Stillfontein Police Station under CAS number 27/08/2021 held under SAP 13/313/2021 and SAPS 13/241/2021 respectively (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                       Case No: M278/2022
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                        (NORTH WEST DIVISION,MAHIKENG)
                   MMABATHO, 2023-07-13, BEFORE THE HONOURABLE JUSTICE MFENYANA J
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: A White Ford Ranger with registration letters and numbers KB42SDGP and chassis letters and numbers
 AFAPXXMLJ2PH0018 and gold nuggets held Stillfontein Police Station under CAS number 27/08/2021 held
 under SAP 13/313/2021 and SAPS 13/241/2021 respectively
   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 13 July 2023 in case number M2782022 in relation to:

         A White Ford Ranger with registration letters and numbers KB42SDGP and chassis letters and numbers
 AFAPXXMLJ2PH0018 and gold nuggets held Stillfontein Police Station under CAS number 27/08/2021 held under
 SAP 13/313/2021 and SAPS 13/241/2021 respectively (a copy of the application and order can be obtained from the
 person mentioned in par 9 hereunder).

          This notice is addressed to Mohapi Lesala whose last known adress Flat number 18 Ian Flats in Bramley
 Road Ellerton Klerksdorp; and Molifi Dlamini of Byron 5 Townhouse number 6 Orkney 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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 2 Februarie 2024                                         No. 50061   37

         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----------
                                                                                       Case No: M365/2022
                                     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: Erf 3878 Unit 12 MMabatho, Measuring 2184 Square Metres in extent held by Deed of transfer T314/2017
           Registered in the name of TJ Mampe Trading and Projects Registration N0: 2007/24820/23
 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)

Source