Victor Chidi Abuchi who resides at house number 31A
Court order seizes property linked to crime · Published 2022-04-01 · What is a POCA?
- Party
- Victor Chidi Abuchi who resides at house number 31A
- Date
- 2021-12-02
Case
- Case number
- M738/21
- Court
- North West
Parties addressed
- Victor Chidi Abuchi who resides at house number 31A
Identifiers
- Cash amount
- R52 100
From the gazette
National Prosecuting Authority, DPP-NORTH WEST, MEGA CITY COMPLEX, EAST GALLERY, 3139 SELAME
ROAD, MMABATHO, TManyako@npa.gov.za, 0183819096.
Date Submitted: 2022-03-18.
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Case No. M738/21
IN THE HIGH COURT OF SOUTH AFRICA
NORTH WEST DIVISION, MAHIKENG
MAHIKENG, 2021-12-02, BEFORE THE HONOURABLE MADAM JUSTICE SNYMAN
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Plaintiff
Cash Amount of R 52 100 held under SAP13/112/2020 at the SAPS Schweizer-Reneke
AN APPLICATION IN TERMS OF SECTION 38 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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (North West
Division, Mahikeng) on 02 December 2021 in case number M738/21. In re: Cash Amount of R 52 100 held under
SAP13/112/2020 at the SAPS Schweizer-Reneke (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder). This notice is addressed to Victor Chidi Abuchi who resides at house number 31A
Hoffman Street, Schweizer-Reneke 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 POCA for an 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 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 address: THE STATE ATTORNEY: Attorneys
for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame Street, Mmabatho,TEL: 018 381 0669,Fax:
018 381 1575.
National Prosecuting Authority, DPP-NORTH WEST, MEGA CITY COMPLEX, EAST GALLERY, 3139 SELAME
ROAD, MMABATHO, TManyako@npa.gov.za, 0183819096.
Date Submitted: 2022-03-18.
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Case No. M617/21
IN THE HIGH COURT OF SOUTH AFRICA
NORTH WEST DIVISION , MAHIKENG
MAHIKENG, 2021-09-30, BEFORE THE HONOURABLE JUSTICE SNYMAN J
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
1. Silver Lexus RX 350 XE with registration number JYY 432 NW and chassis number JTJBK11A202008229 held under
SAP13/368/2018.
2. Green trailer with registration number JVZ 132 NW and chassis number AA9B232MBHKYB1077 held under
SAP13/369/2018.
3. White Toyota Hilux 3.0 D-4D 4X4 XTRA CAB with registration number CX 97 GV GP and chassis number
AHTHZ29G602201476 held under SAP13/370/2018.