Mthandazo Mkosana

Court order seizes property linked to crime · Published 2022-04-29 · What is a POCA?

Party
Mthandazo Mkosana
Date
2021-09-07

Case

Case number
2734/2021
Court
Eastern Cape Division , Grahamstown on 07 September 2021 in case number 2734/2021

Parties addressed

  • Mthandazo Mkosana

Asset description

In re: Isuzu KB 250D bakkie with registration number CF 158 780 (the property) which is an instrumentality in an offence and was seized by the South African Police Service (the SAPS) in Sttuterheim , on 5 March 2021 and is held under Stutterheim CAS 30 /03/2021

From the gazette

                                                                                                      Case No. 2734/2021
                                                                                            P/H or Docex No. 043 706 5100
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                       EASTERN CAPE DIVISION GRAHAMSTOWN
                     Grahamstown, 2021-09-07, BEFORE THE HONOURABLE JUSTICE BROOKS
                In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
Isuzu KB 250D bakkie with registration number CF 158 780 (the property) which is an instrumentality in an
offence and was seized by the South African Police Service (the SAPS) in Sttuterheim , on 5 March 2021 and
is held under Stutterheim CAS 30 /03/2021
  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
(Eastern Cape Division , Grahamstown on 07 September 2021 in case number 2734/2021 in relation to: In re: Isuzu
KB 250D bakkie with registration number CF 158 780 (the property) which is an instrumentality in an offence and was
seized by the South African Police Service (the SAPS) in Sttuterheim , on 5 March 2021 and is held under Stutterheim
CAS 30 /03/2021
This notice is addressed to Mthandazo Mkosana 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
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, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706
5100.
Date Submitted: 2022-04-12.
                                                      ----------oo0oo----------

                                                                                                       Case No. 662/2021
                                                                                            P/H or Docex No. 043 706 5100
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                    EASTERN CAPE LOCAL DIVISION, BHISHO
                            BHISHO, 2021-08-31, Before the Honorable GOVINJEE AJ
In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and VW Polo with
registration number DPD 472 EC (the property ) which is an instrumentality in an offence and was seized by
the South African Police Service the (SAPS) on 13 January 2021 in Ndevana , near King Willamstown and is
held under Ndevana CAS 40/01/2021
                                                    ANNEXURE A
 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
(Eastern Cape Local Divison , Bhisho ) on 31 August 2021 under case number 662/2021 in relation to a VW Polo with

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