the following persons; Genius Chikovero, Vincent Morele, Tanrail Matsoni, Linkias

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

Party
the following persons; Genius Chikovero, Vincent Morele, Tanrail Matsoni, Linkias
Date
2024-08-29

Case

Case number
4439/2024
Court
North West Division, Mahikeng

Parties addressed

  • the following persons; Genius Chikovero, Vincent Morele, Tanrail Matsoni, Linkias

Asset description

All the property seized by the members of the South African Police Services Stilfontein on 21 February 2023 under Stilfontein SAP13 1506/02/2023, the assets are listed in Annexure B to the preservation order. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

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 29 August 2024 in case number 4439/2024 in relation to:
   All the property seized by the members of the South African Police Services Stilfontein on 21 February 2023
under Stilfontein SAP13 1506/02/2023, the assets are listed in Annexure B to the preservation order. (a copy of
the application and order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to the following persons; Genius Chikovero, Vincent Morele, Tanrail Matsoni, Linkias
Namo, Monjaro Munyaradzi Mhlanga, Emmanuel Khumula, Avert Mushurwa, Mokhethi Mohlalifi, Robson
Msimango, Mlambo Khoroane, Jacob Sitadi, izak Mlambo, Eddie Ngonji, Vusi Prince Zondi, Prosper Hondonga
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.

                          This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 29 NOVEMBER 2024                                No. 51647      43

  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 First Floor East Gallery, Mega City, 3139 Sekame Street
Mmabatho
  TEL: 018 384 0269/0161/0315
  REF: 2144/24/ P2
  National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road Mmabatho 2735, Tel: 018-381-9017, Email: MMahlafore@npa.gov.za.
  Date submitted: 2024-11-22

                                                                                          Case No: 4706/2024
                                   IN THE HIGH COURT OF SOUTH AFRICA
                       (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
             MMABATHO, 2024-09-12, BEFORE THE HONOURABLE MADAM JUSTICE SMIT AJ
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant,
                                                     Applicant
 In re: Cash amount of R25 700.00 seized on 10 October 2022 at Scott Shaft, Stilfontein and held at Klerksdorp
  SAPS Finance office account with receipt numbers 27514249, 27511651, 27512004, 27511755, 27511850 and
                                27511581 under Stilfontein Cas number 34/10/2022.
AN APPLICATION IN TERMS OF SECTION 38(1) OF THE PREVENTION OF ORGANISED CRIME ACT 121
                                                     OF 1998

Source