Duduetsang Onkgopotse Alpha with her residential address being no: 5561
Court order seizes property linked to crime · Published 2023-05-12 · What is a POCA?
- Party
- Duduetsang Onkgopotse Alpha with her residential address being no: 5561
Case
Parties addressed
- Duduetsang Onkgopotse Alpha with her residential address being no: 5561
Asset description
R70 350-00, held in the SAPS Absa Suspense Account under Reference Number SAPS 13/1394/2017 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
employees, by affixing a copy to the front gate, where applicable, failing which to the front door of the premises
from which the debtor conducted any business at the time of the presentation of the application;
4.3 The South African Revenue Service; and
5. this Order to be published in the Government Gazette and in the Citizen newspaper.
6. This Order be forthwith forwarded to each known creditor by prepaid registered post.
7. That the costs of this application be costs in the winding-up.
VFV Attorneys, Block A, Corporate Place, 39 Selati Street, Ashlea Gardens, Pretoria. Tel: (012) 460-8704. E-mail:
bertuslit@vfv.co.za.
Date submitted: 2023-05-02.
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Case No: M621/2022
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
MMABATHO, 2022-11-24, BEFORE THE HONOURABLE MADAM JUSTICE SNYMAN J
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: R70 350-00 held in the SAPS Absa Suspense Account under Reference Number SAPS 13/1394/2017.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF
ORGANISED CRIME ACT 121 OF 1998
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 24th November 2022, in Case number M621, in relation to: R70 350-00, held in the
SAPS Absa Suspense Account under Reference Number SAPS 13/1394/2017 (a copy of the application and order
can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to: Duduetsang Onkgopotse Alpha with her residential address being no: 5561
Magogoe-Tlhabologo Village Mahikeng 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.
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 finalized, 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.
National Prosecuting Authority (Order No: 028480), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road, Mmabatho, 2735. Tel: (018) 381-9017. E-mail: TManyako@npa.gov.za.
Date submitted: 2023-05-05.
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This gazette is also available free online at www.gpwonline.co.za
26 No. 48582 GOVERNMENT GAZETTE, 12 May 2023