Nonhlanhla Msomi, Siboniso Perfect Dlamini,Thobeka Mbali Mkhathini and all other persons

Court order seizes property linked to crime · Published 2022-02-18 · What is a POCA?

Party
Nonhlanhla Msomi, Siboniso Perfect Dlamini,Thobeka Mbali Mkhathini and all other persons
Date
2021-12-09

Case

Court
East London Circuit Local Division

Parties addressed

  • Nonhlanhla Msomi, Siboniso Perfect Dlamini,Thobeka Mbali Mkhathini and all other persons

From the gazette

of the Act. 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 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, you must deliver or serve them on the Applicant at the following addresses:THE STATE
ATTORNEY:Mr V Mulaudzi, SALU Building, 316 Thabo Sehume Street, Pretoria.His contact details are as follows:
Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. Email:
VuMulaudzi@justice.gov.za and ClSibiya@npa.gov.za.
                                                     ----------oo0oo----------
                                                                                                      Case No: 1751/2021
                                                                                                   Annexure: 043 706 5100
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                       (EAST LONDON CIRCUIT LOCAL DIVISION)
                     EAST LONDON, 2022-02-09, BEFORE THE HONOURABLE JUSTICE HARTLE
                In the ex parte application of: The National Director of Public Prosecutions, Applicant
              In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and
            R29 301.40 held in African Bank account number 200 258 520 202, R10 099 held in account
                      number: 2003 102 6057 and R10 120 .20 in account number 200 340 716 37.
 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
( East London Circuit Local Division) on 9 December 2021 in case number 1715 /2021. In re: R29 301.40 held in African
Bank account number 200 258 520 202, R10 099 held in account number, 2003 102 6057 and R10 120 .20 in account
number 200 340 716 37.
This notice is addressed to Nonhlanhla Msomi, Siboniso Perfect Dlamini,Thobeka Mbali Mkhathini and 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.
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

                               This gazette is also available free online at www.gpwonline.co.za
26  No. 45924                        GOVERNMENT GAZETTE, 18 February 2022

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