Notice
Court order seizes property linked to crime · Published 2022-04-22 · What is a POCA?
- Date
- 2021-11-19
Case
- Case number
- 10610/2021
Asset description
property described as a white Isuzu KB 250D with registration number: NKR38461, chassis number/VIN: ADMTFR54H4A247729, engine number: 4JA1231487 and vehicle register number: FFB609S which is currently held by the South African Police Services via Ladysmith CAS 313/07/2021 under SAP13/232/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder]. This notice is addressed to Mncedisi David Mpungose and any other persons who may have an interest in th
From the gazette
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 19 NOVEMBER 2021 in case number 10610/2021P
in relation to property described as a white Isuzu KB 250D with registration number: NKR38461, chassis
number/VIN: ADMTFR54H4A247729, engine number: 4JA1231487 and vehicle register number: FFB609S which
is currently held by the South African Police Services via Ladysmith CAS 313/07/2021 under SAP13/232/2021
(“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder]. This notice
is addressed to Mncedisi David Mpungose 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 of Public Prosecutions 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.
This gazette is also available free online at www.gpwonline.co.za
22 No. 46256 GOVERNMENT GAZETTE, 22 April 2022