Euvin Kulani Sibuyi residing at stand number 365

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

Party
Euvin Kulani Sibuyi residing at stand number 365

Case

Case number
5193/2023
Court
Limpopo Local

Parties addressed

  • Euvin Kulani Sibuyi residing at stand number 365

Asset description

a white Ford Ranger LDV with registration number JLK 782 MP. Chassis number AFANXXMJ2NFE65835 and Engine number PF2KNFE65835 seized by the members of the South African Police Service on 29 October 2021 and held at Hoedspruit SAP 13/528/2021 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

 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 5193/2023 in relation to: a white Ford Ranger LDV with
registration number JLK 782 MP.
          Chassis number AFANXXMJ2NFE65835 and Engine number PF2KNFE65835 seized by the members
of the South African Police
          Service on 29 October 2021 and held at Hoedspruit SAP 13/528/2021 (a copy of the application and order
can be obtained from the
          person mentioned in par 10 hereunder).
          1. This notice is addressed to Euvin Kulani Sibuyi residing at stand number 365. Area B Trust,
Bushbuckridge, Mpumalanga 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

                              This gazette is also available free online at www.gpwonline.co.za
58  No. 49096                         GOVERNMENT GAZETTE, 11 August 2023

Source