Sithandiwe Benene, Thantsheka Location, Bityi Administrative Area, Mthatha - Eastern

                                   IN THE HIGH COURT OF SOUTH AFRICA
                                (EASTERN CAPE LOCAL DIVISION, MTHATHA)
                                MTHATHA, 2023-06-27, ACTING JUDGE MAJIKI
   In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and SIMTHANDILE BENENE
   In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
   RESPECT OF RED HYUNDAI IX35 WITH REGISTRATION NUMBER NCW 17341, CHASSIS NO.
   KMHJU81BLBU289020 AND ENGINE NO G4KDBU3444794 ZEIZED BY MEMBERS OF THE SOUTH AFRICAN
   POLICE SERVICES AND HELD UNDER BITYI 05/02/2023.
   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 27 June 2023 in case number 2532/2023 in relation to: RED
   HYUNDAI IX35 WITH REGISTRATION NUMBER NCW 17341, CHASSIS NO. KMHJU81BLBU289020 AND
   ENGINE NO G4KDBU3444794 ZEIZED BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICES AND

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                                      STAATSKOERANT, 4 Augustus 2023                                        No. 49070   29

HELD UNDER BITYI 05/02/2023 a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder).

This notice is addressed to Sithandiwe Benene, Thantsheka Location, Bityi Administrative Area, Mthatha - Eastern
Cape and all persons who may have an interest.

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 5029900.
E-mail: NNyangiwe@justice.gov.za.
Date submitted: 2023-07-19.
                                              ----------oo0oo----------
                                                                                              Case No: 1813/2023
                                                                            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 SYSY NKOLA
In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF A WHITE TOYOTA HILLUX WITH REGISTRATION LETTERS AND NUMBERS JHV 854 EC,
CHASSIS NUMBER AHTCW12G304025319, ENGINE NUMBER 1TR8193758 SEIZED ON 23 MAY 2022 BY
MEMBERS OF THE SOUTH AFRICAN POLICE SERVICES AND HELD UNDER NGQELENI CAS NUMBER
125/05/2022, SAP13/535/2022.
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)