Notice
Court order seizes property linked to crime · Published 2023-08-11 · What is a POCA?
- Date
- 2023-06-20
Case
- Case number
- 2023-056876
- Court
- Gauteng Division, Pretoria
Asset description
A cash amount of R11 900 (eleven thousand nine hundred rand) seized by members of the South African Police Service (SAPS) on 21 April 2023 and was placed into the forensic bag with serial number PW4001383278 and was booked in under Benoni SAP13/412/2023.
Identifiers
- Cash amount
- R11 900
From the gazette
His contact details are as follows:
Tel: (021) 441 9301
Email: ZKarjiker@justice.gov.za
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Case No: 2023-056876
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-06-20, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A cash amount of R11 900 (eleven thousand nine hundred rand) seized by the members of the South
African Police Service (SAPS) on 21 April 2023 and was placed into the forensic bag with serial number
PW4001383278 and was booked in under Benoni SAP13/412/2023
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 20 June 2023 in case number 2023-056876 in relation to:
A cash amount of R11 900 (eleven thousand nine hundred rand) seized by members of the South African
Police Service (SAPS) on 21 April 2023 and was placed into the forensic bag with serial number PW4001383278
and was booked in under Benoni SAP13/412/2023.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 11 Augustus 2023 No. 49096 63
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
This notice is addressed to (1.) TRYMORE MUTANO whose last known address is 14 Agriote, Kempton
Park;
(2) BLESSING TENDAI, whose last known address is 16 Balmoral Flats, 37 Kempton Park Road,
Kempton Park.
And to all persons who may have an interest in the property described above.
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.
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:K Kgaphola at SALU Building, 316 Thabo Sehume Street, Pretoria. His contact
details are as follows: Private Bag X 91, Pretoria, 0001. Tel:012 309 1677 and Email: KKgapholai@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. Email: ClSibiya@npa.gov.za
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This gazette is also available free online at www.gpwonline.co.za
64 No. 49096 GOVERNMENT GAZETTE, 11 August 2023