Zibuyise Wiseman Lungu, of Hlankomo, Mzintlawo Administrative Area, Ntabankulu -

In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF A WHITE KIA WITH REISTRTION LETTERS AND NUMBERS JNL 371 EC, CHASSIS NUMBER
KNCSHX76LK7365576, ENGINE NUMBER D4CKK807117 SEIZED ON 20 NOVEMBER 2021 BY MEMBERS
OF THE SOUTH AFRICAN POLICE SERVICE AND HELD UNDER MT AYLIFF CAS 86/11/2021 WITH
SAP13/409/2021.
    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 1812/2023 in relation to: WHITE KIA
WITH REISTRTION LETTERS AND NUMBERS JNL 371 EC, CHASSIS NUMBER KNCSHX76LK7365576,
ENGINE NUMBER D4CKK807117 SEIZED ON 20 NOVEMBER 2021 BY MEMBERS OF THE SOUTH AFRICAN
POLICE SERVICE AND HELD UNDER MT AYLIFF CAS 86/11/2021 WITH SAP13/409/2021 (a copy of the
application and order can be obtained from the person mentioned in par 9 hereunder).

This notice is addressed to Zibuyise Wiseman Lungu, of Hlankomo, Mzintlawo Administrative Area, Ntabankulu -
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: 2023-05-25.

                             This gazette is also available free online at www.gpwonline.co.za
32  No. 49070                         GOVERNMENT GAZETTE, 4 August 2023