Mack Ngobeni residing at stand number 30168 Ga - Chuene, Polokwane
Court order seizes property linked to crime · Published 2023-08-11 · What is a POCA?
- Party
- Mack Ngobeni residing at stand number 30168 Ga - Chuene, Polokwane
Case
- Case number
- 5192/2023
- Court
- Limpopo Local Division, Polokwane
Parties addressed
- Mack Ngobeni residing at stand number 30168 Ga - Chuene, Polokwane
Asset description
a white Freightliner Argosy with registration numbers DR91XYGP, Chassis number 1FUJAWB5LGH3637and Engine number 79756523, Seized by the members of the South African Police Services in Vereeniging, under case docket Makhado CAS64/05/2022 and held in the SAPS SAP 13 store in Vereeniging with reference SAP13/446/2022; (b) a white Mercedes Benz Actros with registration numbers HN18HFGP, Chassis number
From the gazette
Any correspondence or other enquiries must also be directed to this address or contact number.
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Case No: 4849/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-06-06, Before the Honourable: Acting Judge President SEMENYA, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a white Freightliner Argosy with registration numbers DR91XYGP, Chassis number
1FUJAWB5LGH3637and Engine number 79756523, Seized by the members of the South African Police
Services in Vereeniging, under case docket Makhado CAS64/05/2022 and held in the SAPS SAP 13 store
in Vereeniging with reference SAP13/446/2022; (b) a white Mercedes Benz Actros with registration numbers
HN18HFGP, Chassis number WDB93424160041497 and Engine number 541948C0988862. Seized by the
members of the South African Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022
and held in the SAPS SAP 13 store in Vereeniging with reference SAP13/449/2022;
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
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 0of 1998 in the High Court of South Africa
(Limpopo Local Division, Polokwane) on the 21st day of June 2023 in case number 5192/2023 in relation to: a
white Freightliner Argosy with registration numbers DR91XYGP, Chassis number 1FUJAWB5LGH3637and Engine
number 79756523, Seized by the members of the South African Police Services in Vereeniging, under case docket
Makhado CAS64/05/2022 and held in the
SAPS SAP 13 store in Vereeniging with reference SAP13/446/2022;
(b) a white Mercedes Benz Actros with registration numbers HN18HFGP, Chassis number
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 11 Augustus 2023 No. 49096 53
WDB93424160041497 and Engine number 541948C0988862. Seized by the members of the South
African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP
13
store in Vereeniging with reference SAP13/449/2022;
(c)a white Mercedes Benz Actros with registration numbers HC29PVGP, Chassis number
WDB9342416L805327 and Engine number 542942C0917045; Seized by the members of the South
African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP
13
store in Vereeniging with reference SAP13/448/2022;
(d)a white Toyota Hilux Double Cab with registration numbers JW 75 RH GP, Chassis number
AHTGA3DDX00977272 and Engine number 1GD0763602 and seized by the members of the South
African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP
13
store in Vereeniging with reference SAP13/445/2022; and a white Mercedes Benz Actros with registration
numbers HZ98NXGP, Chassis number ABJ96342460282954 and Engine number 460972U1026391 and
seized by the members of the South African Police Services in Lebombo Border Post under case docket
Makhado CAS 64/05/2022 and held in the SAPS SAP 13 store in Komatipoort with reference
SAP13/92/2022.(a copy of the application and order can be obtained from the person mentioned in par 10
hereunder).
1. This notice is addressed to Mack Ngobeni residing at stand number 30168 Ga - Chuene, Polokwane,
Limpopo Province
and to all other persons who may have an interest in the property described above.
Take notice that:
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.
The requirements for such an appearance are set out in the order and are also dealt with sections 39(3), (4) and
(5) of the POCA. An appearance must comply with these requirements;
5)Your intention 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)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.
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.
10)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 address:
The State Attorney: Mr T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699
Reference: AFU 15/23/NT
This gazette is also available free online at www.gpwonline.co.za
54 No. 49096 GOVERNMENT GAZETTE, 11 August 2023