Vuyolihle Asavela Matomela, of Mt Ayliff, - Eastern Cape
Court order seizes property linked to crime · Published 2023-06-23 · What is a POCA?
- Party
- Vuyolihle Asavela Matomela, of Mt Ayliff, - Eastern Cape
- Date
- 2023-05-09
Case
- Case number
- 2069/2023
- Court
- EASTERN CAPE LOCAL DIVISION, MTHATHA
Parties addressed
- Vuyolihle Asavela Matomela, of Mt Ayliff, - Eastern Cape
Asset description
A WHITE TOYOTA CAMRY WITH REGISTRATION LETTERS AND NUMBERS BKP 717 EC, CHASSIS NUMBER AHT53SK1109508590 AND ENGINE NUMBER 3S1628700 THAT WAS SEIZED ON 28 FEBRUARY 2023 BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE AND HELD UNDER MT AYLIFF CAS 01/03/202 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: 2069/2023
P/H of Docex: 0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2023-05-09, ACTING JUDGE NOTYESI
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and
Vuyolihle Asavela Matomela
In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998, IN
RESPECT OF A WHITE TOYOTA CAMRY WITH REGISTRATION LETTERS AND NUMBERS BKP 717 EC,
CHASSIS NUMBER AHT53SK1109508590 AND ENGINE NUMBER 3S1628700 THAT WAS ZEIZED ON 28
FEBRUARY 2023 BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE AND HELD UNDER MT AYLIFF
CAS 01/03/2023.
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 39 of the Organised Crime Act, No.121 of 1998 in the High Court of South African ( Eastern Cape Local Division,
Mthatha) on 09 May 2023 in Case number 2069/2023, in relation to: A WHITE TOYOTA CAMRY WITH
REGISTRATION LETTERS AND NUMBERS BKP 717 EC, CHASSIS NUMBER AHT53SK1109508590 AND ENGINE
NUMBER 3S1628700 THAT WAS SEIZED ON 28 FEBRUARY 2023 BY MEMBERS OF THE SOUTH AFRICAN
POLICE SERVICE AND HELD UNDER MT AYLIFF CAS 01/03/202 (a copy of the application and order can be
obtained from the person mentioned in par 9 hereunder).
This notice is addressed to: Vuyolihle Asavela Matomela, of Mt Ayliff, - Eastern Cape and all persons who may have
an interest.
TAKE NOTICE THAT:
1. If you have 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 also are dealt with in section 39(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 the section 39(4) for the entry of an
appearance referred 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 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 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 specially advised that even if you intend to apply reconsideration of the preservation order in this case, you
must in addition comply with paragraph 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 documents on the
Applicant, you must deliver or serve them on the Applicant at the following address: The State Attorney:
Mr. A. Ludidi, 1st Floor, Broadcast House, 94 Sission Street v Fortgale Mthatha. Tel: (047) 502-9900.
ALudidi@justice.gov.za.
ANATHI LUDIDI O.B.O STATE ATTORNEY, 94 SISSION STREET, FORTAGALE MTHATHA. Tel: (047)
502-9900. E-mail: NNyangiwe@justice.gov.za.
Date submitted: 2023-06-12.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 23 Junie 2023 No. 48829 47
Case No: 01/2023
P/H of Docex: 0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2023-01-17, JUDGE BROOKS
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and Ntombi Dziya
In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF A BLUE VW JETTA, WITH REGISTRATION LETTERS AND NUMBERS CAA 161 243, WITH CHASSIS
NUMBERS AAVZZZ1HU009177 AND ENGINE NUMBER ACH004836 WAS ZEIZED ON 11 NOVEMBER 2022 BY
MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE AND HELD UNDER TSOLO CAS NUMBER 82/11/2022.
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 39 of the Organised Crime Act, No.121 of 1998 in the High Court of South African ( Eastern Cape Local Division,
Mthatha) on 17 January 2023 in Case number 01/2023, in relation to: A BLUE VW JETTA, WITH REGISTRATION
LETTERS AND NUMBERS CAA 161 243, WITH CHASSIS NUMBERS AAVZZZ1HU009177 AND ENGINE NUMBER
ACH004836 WAS ZEIZED ON 11 NOVEMBER 2022 BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE
AND HELD UNDER TSOLO CAS NUMBER 82/11/2022 (a copy of the application and order can be obtained from the
person mentioned in par 9 hereunder).
This notice is addressed to: Ntombi Dziya of No. 2 Ntsholombela Street, Northcreast - Eastern Cape and all persons
who may have an interest.
TAKE NOTICE THAT:
1. If you have 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 also are dealt with in section 39(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 the section 39(4) for the entry of an
appearance referred 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 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 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 specially advised that even if you intend to apply reconsideration of the preservation order in this case, you
must in addition comply with paragraph 4 and 5 above if you intend to oppose the forfeiture application at a later date.