Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons

Court order seizes property linked to crime · Published 2023-08-11 · What is a POCA?

Party
Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons
Date
2022-11-11

Case

Case number
2022-039087
Court
Gauteng Division, Johannesburg

Parties addressed

  • Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons

Asset description

The amount of R880 000 (eight hundred and eighty thousand rand) plus interest held in the Gene vd Merwe Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022

Identifiers

Cash amount
R880 000

From the gazette

           10th Floor, North State Building
           99 Albertina Sisulu Street, Cnr Kruis Street
           Johannesburg
           Private Bag X 9
           Johannesburg
           2000
           Tel: (011) 220 4121
           Ref: Mr E Machethe/P14 Amagba N
           Any correspondence or other enquiries must also be directed to this address or contact number.
           THE STATE ATTORNEY: Attorneys for the Applicant, 10th Floor, North State Building, 99 Albertina Sisulu
  Street, Cnr Kruis Street, Johannesburg, Private Bag X9. His contact details are as follows: Private Bag X9
  Johannesburg 2000. Tel:011 220 4087 and Email: MeMahloko@npa.gov.za               (Melton Mahloko) Ref: Mr E
  Machethe/P14 Amagba N.
                                                   ----------oo0oo----------
                                                                                            Case No: 2022-039087
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
    JOHANNESBURG, 2022-11-11, BEFORE THE HONOURABLE JUSTICE MAIER-FRAWLEY, IN CHAMBERS
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
    The amount of R880 000 plus interest held in the Gene vd Merwe Incorporated Trust, Account number
                      020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022
   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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
  (Gauteng Division, Johannesburg) on 11 November 2022 in case number 2022-039087 in relation to:

          The amount of R880 000 (eight hundred and eighty thousand rand) plus interest held in the Gene vd
  Merwe Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS
  268/06/2022

           (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder)

          This notice is addressed to Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons
  who have an interest in certain property identified as The amount of R880 000 plus interest held in the Gene vd
  Merwe Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS
  268/06/2022 (the property):

            1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property
  order (the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the
  property;

           2. 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.

             3. 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 order declaring the property forfeit to the state. The order will
  remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
  satisfied;

            4. 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 11 Augustus 2023                                        No. 49096   41

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;

        5. 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 4 above;

          6. 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;

          7. 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;

         8 In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours'
notice, set down the matter for reconsideration;

          9. 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: Attorneys for the Applicant, 10th Floor, North State Building, 99 Albertina Sisulu
Street, Cnr Kruis Street, Johannesburg, Private Bag X9. His contact details are as follows: Private Bag X9
Johannesburg 2000. Tel:011 220 4087 and Email: MeMahloko@npa.gov.za (Melton Mahloko).
                                                ----------oo0oo----------
                                                                                                 Case No: 5811/2023
                                   IN THE HIGH COURT OF SOUTH AFRICA
                                 (LIMPOPO LOCAL DIVISION, POLOKWANE)
              POLOKWANE, 2023-06-30, Before the Honourable: Justice M G Phatudi, in Chambers
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a Black Ford Fiesta motor vehicle (a Gold Ford Fiesta as described in the eNatis) with registration
number CJD 773L, Chassis number AFBEY24BR330058 and engine number 7F001316 seized by the
members of the SAPS Mokopane, held at Mokopane Police Pound with reference SAP13 704/2020
  IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
          NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
1998

Source