Benedicto Makawa,Janiel Gabriel, Gigat Trading and

                                                                                                  Case No: UM115/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                         (NORTH WEST DIVISION, MAHIKENG)
           MMABATHO, 2023-06-01, BEFORE THE HONOURABLE MADAM JUSTICE MFENYANA AJ
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: 1. A Blue Frightliner Columbia Horse with Registration number CA3141, Chassis number
1FUJA6CGXK22112, Engine number D6R061615
2. A white triple AXLE trailer with Registration number BS4754, seized by the South African Police Service on
23 October 2023 and held at Rooigrond vehicle identification Services under Nieverdiend CAS 19/10/2022.
 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 01 June 2023 in Case number UM115/2023, in relation to:.
1. A Blue Frightliner Columbia Horse with Registration number CA3141, Chassis number 1FUJA6CGXK22112,
Engine number D6R061615.
2. A white triple AXLE trailer with Registration number BS4754, seized by the South African Police Service on
23 October 2023 and held at Rooigrond Vehicle identification Services under Nievterdiend CAS 19/10/2022 (a copy
of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Benedicto Makawa,Janiel Gabriel, Gigat Trading 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 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.
National Prosecuting Authority (Order No: 028480), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road Mmabatho 2735. Tel: (018) 381-9017. E-mail: MMahlafore@npa.gov.za.
Date submitted: 2023-06-23.
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38  No. 48858                         GOVERNMENT GAZETTE, 30 June 2023