Thabo Tseka, Seema Ramokhethi and Lethusang Daniel Ranki and all other persons who

Court order seizes property linked to crime · Published 2022-01-28 · What is a POCA?

Party
Thabo Tseka, Seema Ramokhethi and Lethusang Daniel Ranki and all other persons who

Case

Parties addressed

  • Thabo Tseka, Seema Ramokhethi and Lethusang Daniel Ranki and all other persons who

Identifiers

Cash amount
R53 950

From the gazette

                                                                                                      Case No. 5510/2021
                                                                                            P/H or Docex No. 051 410 6096
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                             Free State High Court, Bloemfontein
                      Bloemfontein, 2021-12-02, Honourable Deputy Justice President NM MBHELE
   In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and Thabo Tseka 1st
            Respondent, Seema Ramokhethi 2nd Respondent, Lethusang Daniel Ranki 3rd Respondent
            An amount of R53 950 seized on 17 August 2021 and held under Marquard CAS 88/08/2021
                                              PRESERVATION ORDER NOTICE
               Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
This notice is addressed to Thabo Tseka, Seema Ramokhethi and Lethusang Daniel Ranki and all other persons who
may have an interest in amount of R53 950 (the property):
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property;
2. 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;
3. You are notified that the National Director of Public Prosecutions will, within 90 days of publication of this notice,
apply to the High Court under section 48 of the POCA for an order declaring the property forfeit to the state. The order
will remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied;
4. 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;
5. 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 4 above;
6. 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;
7. 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;
8. 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;
9. 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.
10. 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, Applicant's Attorneys, 11th floor, Fedsure Building, 49 Charlotte Maxeke Street, BLOEMFONTEIN,
Tel: 051 400 4300.
Any correspondence or other enquiries must also be directed to this address or contact number.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind Park,
Pretoria, 0127, nndaba@npa.gov.za, 0128456718.
Date Submitted: 0128456718.
                                              ----------oo0oo----------

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

Source