Sipho Mkhwanazi and Mlamuli Mtungwane as well as
Court order seizes property linked to crime · Published 2022-07-22 · What is a POCA?
- Party
- Sipho Mkhwanazi and Mlamuli Mtungwane as well as
- Date
- 2022-06-28
Case
- Case number
- 7968/2022
- Court
- KwaZulu-Natal Division
Parties addressed
- Sipho Mkhwanazi and Mlamuli Mtungwane as well as
Asset description
property described as a white Ford Ranger 2.2 LWB with registration NUR33189, VIN number AFAADBM02AR373500, vehicle register number FJD943W, engine number F2207852 and a white Toyota Hilux 2,4D DLX LWB with registration NJ98533, VIN number AHT31LN5603034411, vehicle register number CLC316W, engine number 4Y9142997 which are currently held by the South African Police Service Camperdown Cas 45/1/2022 via Alexandra Road Vehicle Crime Investigation Unit SAP13/25/2022, SAP13/24/2022 and other movable
From the gazette
IN THE HIGH COURT OF SOUTH AFRICA
(KwaZulu-Natal Division,PIETERMARITZBURG)
PIETERMARITZBURG, 2022-06-28, BEFORE THE HONOURABLE JUSTICE RADEBE
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: White Ford Ranger 2.2 LWB with registration NUR33189, VIN number AFAADBM02AR373500, vehicle register
number FJD943W, engine number F2207852 and a white Toyota Hilux 2,4D DLX LWB with registration NJ98533,
VIN number AHT31LN5603034411, vehicle register number CLC316W, engine number 4Y9142997.
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 28 JUNE 2022 in case number 7968/2022 in relation to property
described as a white Ford Ranger 2.2 LWB with registration NUR33189, VIN number AFAADBM02AR373500, vehicle
register number FJD943W, engine number F2207852 and a white Toyota Hilux 2,4D DLX LWB with registration
NJ98533, VIN number AHT31LN5603034411, vehicle register number CLC316W, engine number 4Y9142997 which
are currently held by the South African Police Service Camperdown Cas 45/1/2022 via Alexandra Road Vehicle Crime
Investigation Unit SAP13/25/2022, SAP13/24/2022 and other movable property held by the South African Police
Service Camperdown Cas 45/1/2022 via Camperdown SAP13/07/2022, SAP13/08/2022 and SAP13/09/2022 (“the
property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].
This notice is addressed to Sipho Mkhwanazi and Mlamuli Mtungwane as well as 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 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 21 days notice in other instances to the applicant,
after 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, Kwazulu-Natal,
6th floor, Metropolitan Life Building, 391 Anton Lembede Street, Durban, Tel: (031) 365-2500. Fax: (031) 306-2448.
National Prosecuting Authority (Order no: 024609), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON. Tel:
(031) 334-5242. E-mail: JGwe@npa.gov.za.
Date submitted: 2022-07-11.
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IN THE HIGH COURT OF SOUTH AFRICA
(KwaZulu-Natal Division)
PIETERMARITZBURG, 2022-07-04, BEFORE THE HONOURABLE JUDGE CHILI
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
This gazette is also available free online at www.gpwonline.co.za
24 No. 47058 GOVERNMENT GAZETTE, 22 July 2022