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