(1) MALULEQUE R

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

Party
(1) MALULEQUE R

Case

Case number
2023-050703
Court
Gauteng

Parties addressed

  • (1) MALULEQUE R

Asset description

(a) A blue Mercedes Benz Truck with Registration number DF 26 FP GP and VIN number WDB9342416L839817 and Engine number 541946C0934005, held at Pretoria West Vehicle Safeguarding Pound under SAP13/4474/2022; (b) A white Rosbys Tanker Trailer with Registration number HM 95 YH GP and VIN number AAPV0060250347580. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

From the gazette

  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. E-mail:
  KKgapola@justice.gov.za and CLSibiya@npa.gov.za.
  National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
  Tel: 012 8456368. E-mail: ClSibiya@npa.gov.za.
  Date submitted: 2023-07-25.
                                                   ----------oo0oo----------
                                                                                                   Case No: 2023-050703
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, PRETORIA)
            PRETORIA, 2023-05-31, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
  In re: a) A blue Mercedes Benz Truck with registration number DF 26 FP GP and VIN number
  WDB9342416L839817 and engine number 541946C0934005 held at Pretoria West Vehicle Safeguarding
  Pound under SAP13/4474/2022.
  b) A white Rosbys Tanker Trailer with registration number HM 95 YH GP and VIN number
  AAPV0060250347580.
           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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (Gauteng
  Division, Pretoria) on 31 May 2023, in Case number 2023-050703, in relation to:
  (a) A blue Mercedes Benz Truck with Registration number DF 26 FP GP and VIN number WDB9342416L839817
  and Engine number 541946C0934005, held at Pretoria West Vehicle Safeguarding Pound under
  SAP13/4474/2022;
  (b) A white Rosbys Tanker Trailer with Registration number HM 95 YH GP and VIN number AAPV0060250347580.

  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
  This notice is addressed to:
  (1) MALULEQUE R.A (Identification number 40250370x0001), whose last known address is 22293 Barcelona,
  Daveyton, Postal Code 1520;
  (2) MENDIC INVESTMENT (PTY) LTD, a Private Company whose last known address is 38 Rivonia Drive,
  Sandton, Gauteng, 2196.
  (3) MNKEN FANWELL JACKSON, whose last known address is 44 6TH AVE, Mayfair, Johannesburg, 2092;
  (4) THOBANE SKHOSANA (also known as SHADY MHLANGA) whose last known address is 25 Cherrywood
  Street, Crystal Park, Benoni;
  and to 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.

                               This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 4 Augustus 2023                                          No. 49070   43

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 V Mulaudzi, 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. E-mail:
VuMulaudzi@justice.gov.za and Clay Sibiya at the VGM Building, 123 Westlake Ave, Weavind Park, Silverton. His
contact details are as follows: Tel: 012 845 6368. E-mail: ClSibiya@npa.gov.za.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: 012 8456368. E-mail: ClSibiya@npa.gov.za.
                                                   ----------oo0oo----------

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

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