Ntsizwa Oscar Ndala in his capacity as the registered owner and title holder

Court order seizes property linked to crime · Published 2023-04-28 · What is a POCA?

Party
Ntsizwa Oscar Ndala in his capacity as the registered owner and title holder
Date
2023-03-27

Case

Court
North West Division, Mahikeng

Parties addressed

  • Ntsizwa Oscar Ndala in his capacity as the registered owner and title holder

Asset description

A White Volkswagen Polo with registration number KK 09 GC GP, chassis number AAVZZZ6RZAU022300 and engine number CLP001323 currently held by the SAPS LICHTENBURG under CAS 252/05/2022 and SAP 13/293/2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

            NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
   1998 (POCA)
            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
   (North West Division, Mahikeng) on 27 March 2023 in case number UM68/2023 in relation to:A White Volkswagen
   Polo with registration number KK 09 GC GP, chassis number AAVZZZ6RZAU022300 and engine number
   CLP001323 currently held by the SAPS LICHTENBURG under CAS 252/05/2022 and SAP 13/293/2022.
            (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
            This notice is addressed to Ntsizwa Oscar Ndala in his capacity as the registered owner and title holder
   of the motor vehicle with his residential address being 24 Sentsho Street, Vosloorus, Gauteng and 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.

                               This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 28 April 2023                                         No. 48470   23

          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 and must be delivered to the office of the
State Attorney at the address mentioned in paragraph 9, below.
          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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms Ndabeni

                                                 ----------oo0oo----------
                                                                            Case No: M125/2023
                                  IN THE HIGH COURT OF SOUTH AFRICA
                                    (NORTH WEST DIVISION,MAHIKENG)
            MMABATHO, 2023-03-16, BEFORE THE HONOURABLE MADAM JUSTICE DJAJE DJP
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant

Source