Cornelius Tshoko, Jacob Mokoena Alfred Tsotetsi and Itumeleng Kennedy Monaheng and

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

Party
Cornelius Tshoko, Jacob Mokoena Alfred Tsotetsi and Itumeleng Kennedy Monaheng and
Date
2022-06-14

Case

Case number
1947/2022
Court
Eastern Cape Division , Makanda

Parties addressed

  • Cornelius Tshoko, Jacob Mokoena Alfred Tsotetsi and Itumeleng Kennedy Monaheng and

Asset description

In re: the credit balance, including interest, in Tyme Bank accounts with numbers 51051596907, 51035435503, 51002083937 and 51030076981 which are proceeds of unlawful activities.

From the gazette

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.

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
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
PARK, PRETORIA, 0127, ASakasa @npa.gov.za, 043 706 5100.
Date Submitted: 2022-06-22.
                                                      ----------oo0oo----------
                                                                                                                   EL697/2022
                                                                                            P/H or Docex No. 043 706 5100
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        EAST LONDON CIRCUIT LOCAL DIVISION
                    EAST LONDON, 2022-05-31, BEFORE THE HONOURABLE JUSTICE TOKOTA
                In the ex parte application of: The National Director of Public Prosecutions, Plaintiff

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