David Nelushi currently employed at Ramotse Primary School, 1900 Rakobo
Court order seizes property linked to crime · Published 2023-04-28 · What is a POCA?
- Party
- David Nelushi currently employed at Ramotse Primary School, 1900 Rakobo
Case
- Case number
- 2061/2023
- Court
- Limpopo Local
Parties addressed
- David Nelushi currently employed at Ramotse Primary School, 1900 Rakobo
Asset description
a white Mercedes Benz with registration number XCB 519 GP, Chassis number WDD2040462R025023 and Engine number 27195231024216 seized by members of the South African Police Service on 12 February 2020 in the Mokopane policing area under case docket Mokopane CAS 147/02/2020 and held at Mokopane Police pound with reference SAP 13 193/2020 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.
From the gazette
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 0of 1998 in the High Court of South Africa (Limpopo Local
Division, Polokwane) on the 8th day of March 2023 in case number 2061/2023 in relation to: a white Mercedes
Benz with registration number XCB 519 GP, Chassis number WDD2040462R025023 and Engine number
27195231024216 seized by members of the South African Police Service on 12 February 2020 in the Mokopane
policing area under case docket Mokopane CAS 147/02/2020 and held at Mokopane Police pound with reference
SAP 13 193/2020 (a copy of the application and order can be obtained from the person mentioned in par 10
hereunder).
1. This notice is addressed to David Nelushi currently employed at Ramotse Primary School, 1900 Rakobo
Street, Ramotse, Hammanskraal, 0400, Gauteng Province and Ronald Nelushi currently residing at 55 Pretorius
Street, Mokopane, Limpopo 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 28 April 2023 No. 48470 19
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: Mr T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699
Reference: AFU 07/23/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.
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Case No: 2052/2023
IN THE HIGH COURT OF SOUTH AFRIC
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-03-08, Before the Honourable: Mthimkhulu AJ
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant