1) DG Mahamba

Court order seizes property linked to crime · Published 2023-08-04 · What is a POCA?

Party
1) DG Mahamba
Date
2023-03-31

Case

Case number
2023-022157
Court
Gauteng

Parties addressed

  • 1) DG Mahamba

Asset description

1. A Silver Volkswagen Polo with Registration number TBG 226 GP, VIN/Chassis number AAVZZZ9NZ8U040201, Engine number ATD765147, held by the SAPS at Benoni vehicle pound registered under SAP 13/569/2020, with criminal case docket Springs CAS 261/2/2020. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)

From the gazette

HAARHOFF FOURIE & PARTNERS C/O KRUGER AND BEKKER ATTORNEYS, 32 WALTER SISULU STREET,
MIDDELBURG, 1050. Tel: 013 282 4880. E-mail: highcourt@krugerbekker.co.za.
Date submitted: 2023-07-26.
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                                                                                                 Case No: 2023-022157
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
           PRETORIA, 2023-03-31, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A Silver Volkswagen Polo with registration letters and numbers TBG 226 GP, VIN/Chassis number
AAVZZZ9NZ8U040201, Engine number ATD765147. The property is held by the SAPS at Benoni, Van Rhyn Deep
vehicle pound registered under SAP 13/569/2020 with criminal case docket Springs CAS 261/2/2020.
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 (Gauteng
Division, Pretoria) on 31 March 2023 in Case number 2023-022157 in relation to:
1. A Silver Volkswagen Polo with Registration number TBG 226 GP, VIN/Chassis number AAVZZZ9NZ8U040201,
Engine number ATD765147, held by the SAPS at Benoni vehicle pound registered under SAP 13/569/2020, with
criminal case docket Springs CAS 261/2/2020.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
This notice is addressed to:
1) DG Mahamba, whose last known address is 10848 Rethabile, Mamelodi East and all 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 an 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 Act. 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 Act.
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 addresses: THE STATE
ATTORNEY: Mr K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are
as follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309
01649/50. Email: KKgapola@justice.gov.za and CLSibiya@npa.gov.za.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: 012 845 6368. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-07-26.
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                              This gazette is also available free online at www.gpwonline.co.za
36  No. 49070                        GOVERNMENT GAZETTE, 4 August 2023

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