Marlise Koekemoer, Nedbank Limited and

Court order seizes property linked to crime · Published 2023-07-28 · What is a POCA?

Party
Marlise Koekemoer, Nedbank Limited and

Case

Court
NORTH WEST DIVISION,MAHIKENG

Parties addressed

  • Marlise Koekemoer, Nedbank Limited and

Asset description

A silver Volkswagen VN Amarok 2.0D-120-4M6-304 pick up light load vehicle with register number DRY210K, Licence number KTH259NW, Chassis number VW1ZZZ2HZB8057462 and engine number CDC051844 that was seized by members of the South African Police Service on 5 March 2023 and held at Vryburg Police Station under Vryburg SAP13 213/2023 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R70 350.00

From the gazette

                                                                                                    Case No: UM112/2023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                            (NORTH WEST DIVISION, MAHIKENG)
               MMABATHO, 2022-01-06, BEFORE THE HONOURABLEMADAM JUSTICE MFENYANA AJ
         In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
   In re: A silver Volkswagen VN Amarok 2.0D-120-4M6-304 pick up light load vehicle with register number
   DRY210K, Licence number KTH259NW, Chassis number VW1ZZZ2HZB8057462 and engine number
   CDC051844 that was seized by members of the South African Police Service on 5 March 2023 and held at
   Vryburg Police Station under Vryburg SAP13 213/2023
    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 case number UM112/2023 in relation to:A silver Volkswagen VN
   Amarok 2.0D-120-4M6-304 pick up light load vehicle with register number DRY210K, Licence number KTH259NW,
   Chassis number VW1ZZZ2HZB8057462 and engine number CDC051844 that was seized by members of the
   South African Police Service on 5 March 2023 and held at Vryburg Police Station under Vryburg SAP13 213/2023
   (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
   This notice is addressed to Marlise Koekemoer, Nedbank Limited 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

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 28 Julie 2023                                     No. 49021   31

                                                                                                 Case No: M621/2022
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION,MAHIKENG)
                      MMABATHO, 2023-06-27, Before The Honourable Mr Justice Reddy AJ
             In the application of: 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
               IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 READ WITH
                 SECTION 53 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
          Having heard Mr Manyako on behalf of the Applicant and having read the notice of Motion and other
documents filed of records; it is ordered:
          1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime
Act 121 of 1998 (the Act) declaring forfeit to the State a cash amount of R70 350.00 held in the SAPS Absa
suspense Account under reference number SAPS 13/1394/2017 (the property).
          2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this
order.
          3.THAT: Subject to paragraph 4 below, the property shall remain in the custody of the South African Police
Services
          4.THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS is authorised to release the property to a duly autorised member of the staff of the Applicant,
who shall with immediate effect deposit the property into the Criminal Assets Recovery Account established under
section 63 of the Act, account number 80303056 held at the South African Reserve Bank, Vermeulen Street,
Pretoria.
          5.THAT:Any person whose interest in the property concerned is affected by the forfeiture order may within
20 days after he or she acquired such knowledge of the order, set the matter down for variation or rescission by
the court.
          BY ORDER OF THE COURT
          THE REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA
          NORTH WEST DIVISION,MAHIKENG
                                                ----------oo0oo----------

                                                                                                 Case No: M395/2022
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION,MAHIKENG)
    MMABATHDPP- Mmabatho, Megacity Complex, East GallO, 2023-03-10, Before The Honourable Madam
                                                   Justice Maakane J
             In the application of: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
   In re: A Toyota Hilux 3.0 TD Raider with registration number BW 79 WM GP (legally:FFW 677MP) and
    chassis number AHT33GNK008012642 currently held by the SAPS Ganyesa under CAS 60/11/2021
                 IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 OF THE
                            PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
          Having heard Mr Manyako on behalf of the Applicant and having read the notice of Motion and other
documents filed of records; it is ordered:
          1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime
Act 121 of 1998 (the Act) declaring forfeit to the State a Toyota Hilux 3.0 TD Raider with registration number BW
79 WM GP (legally:FFW 677MP) and chassis number AHT33GNK008012642 currently held by the SAPS Ganyesa
under CAS 60/11/2021 (the property).
          2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this
order.
          3.THAT: Subject to paragraph 4 below, the property shall remain in the custody of the SAPS Ganyesa
under CAS 60/11/2021
          4.THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS Ganyesa is authorised to release the property to Angelinah Bogoshi or any other designated
employee of the Assets Forfeiture Unit to:
          4.1 Assume control of the property on behalf of the applicant;
          4.2 Sell the property at best , either by public auction or private treaty;
          4.3 Sign all documentation necessary to effect the sale, transfer and registration of the property; and

                             This gazette is also available free online at www.gpwonline.co.za
32  No. 49021                          GOVERNMENT GAZETTE, 28 July 2023

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