Ms Jonica Mabuza residing at no 12, Mountain View, Praktiseer, Limpopo Province and

Court order seizes property linked to crime · Published 2022-07-01 · What is a POCA?

Party
Ms Jonica Mabuza residing at no 12, Mountain View, Praktiseer, Limpopo Province and

Case

Case number
6598/2022
Court
Limpopo

Parties addressed

  • Ms Jonica Mabuza residing at no 12, Mountain View, Praktiseer, Limpopo Province and

Asset description

a white Mercedes Benz truck tractor with registration numbers BX 46 WR GP (chassis number WDB9341616L630653), a Top Trailers semi- tipper trailer with registration numbers FC 30 XD GP (chassis number ADSM236WA82ST1392), a Tata Super Ace trailer with registration numbers FC 30 VV GP (chassis number MAT483130FYR16653) and a Yellow CAT Tractor Loader Backhoe (TLB) with Number 426FS (serial number EJ403039) respectively, all seized by members of the SAPS in the Apel Policing area on 2 July 2021 and 

From the gazette

 3.5. SERVICE ON ALL REGISTERED TRADE UNIONS TO WHICH EMPLOYEES OF THE RESPONDENT MAY
 BELONG, IF ANY:
 3.6. RESPONDENT NEED TO BE SERVED BY EMAIL AS WELL.
 STAMPED ON 20 JUNE 2022
 BY THE COURT, REGISTRAR.
 ATTORNEYS FOR THE APPLICANT: SD NEL ATTORNEYS, 012 111 0231, admin3@sdnel.co.za, REF: DM03.
 SD NEL ATTORNEYS, 314 GLENWOOD ROAD, BLOCK A, FIRST FLOOR, LYNNWOOD PARK, PRETORIA,
 GAUTENG PROVINCE, admin3@sdnel.co.za, 012 111 0231.
 Date Submitted: 2022-06-20.
                                                      ----------oo0oo----------
                                                                                                          Case No. 6598/2022
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              LIMPOPO DIVISION, POLOKWANE
             POLOKWANE, 2022-06-15, Before the Honourable: Judge President Makgoba, in Chambers
         In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 A white Mercedes Benz truck tractor with registration numbers BX 46 WR GP (chassis number WDB9341616L630653),
 a Top Trailers semi-tipper trailer with registration numbers FC 30 XD GP (chassis number ADSM236WA82ST1392), a
 Tata Super Ace trailer with registration numbers FC 30 VV GP (chassis number MAT483130FYR16653) and a Yellow
 CAT Tractor Loader Backhoe (TLB) with Number 426FS (serial number EJ403039) respectively, all seized by members
 of the SAPS in the Apel Policing area on 2 July 2021 and held at Apel Police Station under Apel Docket CAS 05/07/2021
 with reference SAP 13 202/2021 as well as the chrome found on the trailers
       IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
        NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
 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 Organised Crime Act, No.121 of 1998 in the High Court of South Africa (Limpopo
 Division, Polokwane) on the 15th day of June 2022 in case number 6598/2022 in relation to: a white Mercedes Benz
 truck tractor with registration numbers BX 46 WR GP (chassis number WDB9341616L630653), a Top Trailers semi-
 tipper trailer with registration numbers FC 30 XD GP (chassis number ADSM236WA82ST1392), a Tata Super Ace
 trailer with registration numbers FC 30 VV GP (chassis number MAT483130FYR16653) and a Yellow CAT Tractor
 Loader Backhoe (TLB) with Number 426FS (serial number EJ403039) respectively, all seized by members of the SAPS
 in the Apel Policing area on 2 July 2021 and held at Apel Police Station under Apel Docket CAS 05/07/2021 with
 reference SAP 13 202/2021 as well as the chrome found on the trailers (the property).(a copy of the application and
 order can be obtained from the person mentioned in par 10 hereunder).
 1) This notice is addressed to Ms Jonica Mabuza residing at no 12, Mountain View, Praktiseer, Limpopo Province and
 Jotius Expert Transportation situated at 10 Protea Street, Visagie Park, Nigel, Gauteng Province; and to all other
 persons who may have an interest in the property described above.
 Take notice that:
 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 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 sections 39(3), (4) and (5) of the POCA. An
 appearance must comply with these requirements;
 5) Your intention 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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                              STAATSKOERANT, 1 Julie 2022                                          No. 46627   27

The State Attorney: Mr T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane,
0699. Reference: 805/22/NT.
His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086 452 8838
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
KMasekoameng@npa.gov.za, 0150450195.
Date Submitted: 2022-06-23.
                                                      ----------oo0oo----------
                                                                                                         Case No. 1947/2022
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                          EASTERN CAPE DIVISION ,MAKHANDA
                       MAKHANDA, 2021-06-21, BEFORE THE HONOURABLE JUSTICE BESHE
                In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
The credit balance ,including interest , in Tyme Bank accounts with numbers 51051596907, 51035435503,
51002083937 and 51030076981 which are proceeds of unlawful activities.
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 , Makanda ) on 14 June 2022 in case number 1947/2022 in relation to: In re: the credit balance,
including interest, in Tyme Bank accounts with numbers 51051596907, 51035435503, 51002083937 and 51030076981
which are proceeds of unlawful activities.
This notice is addressed to Cornelius Tshoko, Jacob Mokoena Alfred Tsotetsi and Itumeleng Kennedy Monaheng 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.

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