Patrick Malingaand all other persons who may have an interest in the property

Court order seizes property linked to crime · Published 2024-11-29 · What is a POCA?

Party
Patrick Malingaand all other persons who may have an interest in the property
Date
2024-11-12

Case

Case number
4895/2024
Court
Free State High Court, Bloemfontein, Free State / Vrystaat

Parties addressed

  • Patrick Malingaand all other persons who may have an interest in the property

Identifiers

Cash amount
R630 559.77

From the gazette

                               EASTERN CAPE / OOS-KAAP
                                                                                             Case No: 4895//2024
                                                                                                   Annexure: N/A
                                                                                    P/H or Docex Nr: 041-585 7921
                                      IN THE HIGH COURT OF SOUTH AFRICA
                             (Eastern Cape Division, Makhanda, Eastern Cape / Oos-Kaap)
                                    Makhanda, 2024-11-12, Before Justice Norman
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In relation : In re: Cash to the amount of R630 559.77, including interest, which is held in the suspense
account at Nedbank Limited (Nedbank) with reference numbers D88065091 and D88220573 (a copy of which
can be obtained from the person motioned in par 9 hereunder.)
  annexure a
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
  The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (Makhanda on 12 November 2024 in case number 4895/2024Re: Cash to the amount of R630
559.77, including interest, which is held in the suspense account at Nedbank Limited (Nedbank) with reference
numbers D88065091 and D88220573 which is the proceeds of unlawful activities (a copy of which can be
obtained from the person motioned in par 9 hereunder.)
  This notice is addressed to Patrick Malingaand all 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.
  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.

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                                   STAATSKOERANT, 29 NOVEMBER 2024                              No. 51647     29

   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:
         STATE ATTORNEY EAST LONDON// BHISHO
  17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
  Date submitted: 2024-11-19

                                   FREE STATE / VRYSTAAT
                                                                                               Case No: 4916/2024
                                                                                                    Annexure: Yes
                                                                                     P/H or Docex Nr: 051 410 6096
                                  IN THE HIGH COURT OF SOUTH AFRICA
                          (Free State High Court, Bloemfontein, Free State / Vrystaat)
                        Bloemfontein, 2024-09-05, Honourable Judge President CJ MUSI
In the ex parte application of: The National Director of Public Prosecutions, Applicant and Sankoela Mokhali,
Respondent
In re: R320 000.00 seized on 26 March 2024 and held under Ladybrand CAS 299/03/2024.

Preservation Order Notice
  Having read the Notice of Motion, affidavits and annexures thereto, and having heard counsel for the
Applicant,
  IT IS HEREBY ORDERED THAT:
  The Property
  1 A preservation of property order is hereby made. This order relates to R320 000.00 (“ the property”).
  Prohibition against dealing in any manner with the property
   2 In terms of section 38(2) of the Prevention of Organised Crime Act, No 121 of 1998 (“the Act”) all persons
with knowledge of this order, are, other than as required and permitted by this order, prohibited from removing,
taking possession of or control over, dissipating, interfering with, diminishing the value of, pledging or dealing in
any other manner with any of the movable property to which this order relates.
  3 The property shall remain under the effective control of the Warrant Officer Motseki ( Motseki).
  Living and legal expenses
  4 If any Respondent or any other person holding an interest in the property satisfies the Court that:
  4.1 He or she is unable to meet his reasonable living expenses or those of his family or household; or
  4.2 He or she is unable to meet his reasonable legal expenses in connection with any proceedings instituted
against him in terms of the Act or any other related criminal proceedings; and
  4.3 He or she cannot meet the expenses concerned out of his property that is not subject to this order,
  the Court may, after the granting of this order, make appropriate provision for the payment of such expenses
as in the Court's determination are reasonable, out of the property subject to this order; Provided further that no
such provision for the payment of expenses may be made unless the person concerned has disclosed under
oath all his interest in the property and has provided to the Court a full and sworn written statement of his or her
assets and liabilities.
  Service and publication

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   30      No. 51647                    GOVERNMENT GAZETTE, 29 NOVEMBER 2024

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