Phindelaphi Muntukabongwa Xulu of eKuthuleni, KwaNkunzempunga, Melmoth and

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, deliver or serve them at: The State Attorney KwaZulu - Natal, 6th Floor, Metropolitan Life Building,
         No.391 Anton Lembede Street, Durban, Tel: 031 - 365 2500, Fax: 031 - 306 2448.
                                                   ----------oo0oo----------
                                                                                                      Case No: 5642 / 2021P
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                   (KwaZulu - Natal Local Division,PIETERMARITZBURG)
                 PIETERMARITZBURG, 2021-08-04, BEFORE THE HONOURABLE JUSTICE VAN ZYL
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
                        In re: white Isuzu KB series, light load vehicle , licence number NO5821
 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, KwaZulu - Natal Division, Pietermaritzburg on 4 August 2021 in case number 5642/2021P in
relation to property described as white Isuzu KB series, light load vehicle , licence number NO5821, chassis
number ADMTFR29S5G313500, vehicle register GXJ377S, engine number C20NE25664756 which is currently
held by the South African Police Services via Melmoth CAS 63/07/2021 under SAP13/422/2021 (“the property”)
[a copy of which can be obtained from the person motioned in paragraph 9 hereunder]. This notice is addressed to
Phindelaphi Muntukabongwa Xulu of eKuthuleni, KwaNkunzempunga, Melmoth 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 Prevention of Organised Crime Act, No.121 of 1998 (“the Act”) 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 Act. 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 Act.
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, deliver or serve them at: The State Attorney KwaZulu - Natal, 6th Floor, Metropolitan Life
          Building, No.391 Anton Lembede Street, Durban, Tel: 031 - 365 2500, Fax: 031 - 306 2448 c/o State Attorney
          KZN, Magistrate's Court Building, cnr Otto and Church Street, Pietermaritzburg.

                                This gazette is also available free online at www.gpwonline.co.za
22  No. 45812                       GOVERNMENT GAZETTE, 28 January 2022