Taireya Majuta, Lesole Motsamai, Nyatso Mokhethi, Radithipa Samotoai and all other

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

Party
Taireya Majuta, Lesole Motsamai, Nyatso Mokhethi, Radithipa Samotoai and all other

Case

Court
Free State High Court, Bloemfontein

Parties addressed

  • Taireya Majuta, Lesole Motsamai, Nyatso Mokhethi, Radithipa Samotoai and all other

Identifiers

Cash amount
R9 200

From the gazette

 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 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:
 STATE ATTORNEY, Attorneys for Applicant, 11th Floor, Fedsure Building, Charlotte Maxeke Street, Bloemfontein, Tel:
 (051) 400 4300.
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind Park,
 Pretoria, 0127, nndaba@npa.gov.za, 0128456718.
 Date Submitted: 2022-06-23.
                                                      ----------oo0oo----------
                                                                                                          Case No. 2563/2022
                                                                                                               P/051 410 6121
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              Free State High Court, Bloemfontein
                    Bloemfontein, 2022-06-09, Honourable Acting Justice President NM MBHELE
    In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and Taireya Majuta,
                         Lesole Motsamai, Nyatso Mokhethi & Radithipa Samotoai, Defendant
          An amount of R9 200 cash seized on 24 March 2022 held under Odendaalrus CAS 300/03/2022
                                               PRESERVATION ORDER NOTICE
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
 This notice is addressed to Taireya Majuta, Lesole Motsamai, Nyatso Mokhethi, Radithipa Samotoai and all other
 persons who may have an interest in amount of R9 200 (the property):
 Take notice that:
 1 The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
 order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property;
 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 of Public Prosecutions 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 in sections 39(3), (4) and (5) of
 the POCA. An appearance must comply with these requirements;
 5 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 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:
 The State Attorney

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 1 Julie 2022                                         No. 46627   43

Applicant's Attorneys, 11th floor, Fedsure Building, 49 Charlotte Maxeke Street, BLOEMFONTEIN, Tel: 051 400 4300.
Any correspondence or other enquiries must also be directed to this address or contact number.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind Park,
Pretoria, 0127, nndaba@npa.gov.za, 0128456718.
Date Submitted: 2022-06-23.
                                                       ----------oo0oo----------
                                                                                                          Case No. 2500/2022
                                                                                                                  051 410 6121
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                             Free State High Court, Bloemfontein
                    Bloemfontein, 2022-06-09, Honourable Acting Justice President NM MBHELE
             In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and
                                             Motswane Walter Kobi, Defendant
           A Chevrolet Corsa pick-up with registration numbers DXX815FS seized on 12 January 2022
                                            under Kroonstad CAS 132/01/2022.
                                              PRESERVATION ORDER NOTICE
NOTICE IN TERMS OF SECTION 39(1) (b) OF THE PREVENTION OF ORGANISED CRIME ACT, NO. 121 OF 1998
(“THE ACT”)
This notice is addressed to Motswane Walter Kobi and to all other persons who have an interest in the Chevrolet Corsa
pick-up with registration numbers and letters DXX815FS and chassis numbers ADMXF80JA84549163 and engine
numbers 6W0099762 (“the property”).
Take notice that:
1         The National Director of Public Prosecutions (“National Director”) has obtained a preservation of property
order (`the Order'), a copy of which is attached to this notice, in terms of section 38(2) of the Act in respect of the
property;
2         If you have an interest in the property, you should understand that it is now at risk. You would be well advised
to obtain legal advice on whether your interest can be protected and, if so, how to protect it;
3         You are advised that the National Director will, within 90 days of publication of this notice, apply to the High
Court under section 48 of the Act 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 opposing the application for a forfeiture order, or you intend applying 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;
5         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 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 Act;
8         You may, on good cause shown (including the non-availability of any other suitable remedy to protect your
legitimate rights or interests), on 72 hours notice 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 applying for reconsideration of the preservation order in
this case, you must in addition comply with paragraphs 4 and 5 above if you intend opposing the forfeiture application
subsequently. 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:
The State Attorney, 11th Floor, Fedsure Building, Charlotte Maxeke Street, Bloemfontein, 9301, Tel: 051 400 4300,
Fax: 051 400 4336.
Any correspondence or other enquiries must also be directed to this address or contact number.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind Park,
Pretoria, 0127, nndaba@npa.gov.za, 0128456718.
Date Submitted: 2022-06-23.
                                                       ----------oo0oo----------
                                                                                                           Case No. 790/2022
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                   MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT)
                          MBOMBELA, 2022-05-27, HONOURABLE ACTING JUDGE SIBUYI AJ

                                This gazette is also available free online at www.gpwonline.co.za
44  No. 46627                            GOVERNMENT GAZETTE, 1 July 2022

Source