Timothy Mugabe (Passport Number: DN666420), Samuel Ngwenya

                                                                                                     Case No: 2023/00328
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                         (GAUTENG DIVISION- JOHANNESBURG)
                    JOHANNESBURG, 2023-03-14, BEFORE THE HONOURABLE JUSTICE MIA
  In the ex parte application of: NDPP V TIMOTHY MUGABE AND ANOTHER; THE NATIONAL DIRECTOR
   OF PUBLIC PROSECUTIONS, APPLICANT, and Timothy Mugabe, and Samuel Ngwenya, Respondents
          In re: The sum of R10 000 in cash held in the SAPS’s Head Office Account under reference
                   SAP13/727/2022, taking number 149362960 and receipt number 27628725.
 NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (the
                                                          POCA)
           1         This notice is addressed to Timothy Mugabe (Passport Number: DN666420), Samuel Ngwenya
(Identity Number: Unknown), and all other persons who have an interest in the below listed property, or property
representing such property or the proceeds of such property, namely, the sum of R10 000 in cash seized by the
South African Police Service (SAPS) on 2 December 2022 under Cleveland CAS 22/12/2022 and deposited on 5
December 2022 into the SAPS's Head Office Account under reference SAP13/727/2022, taking number
149362960 and receipt number 27628725 (the property).
           Take notice that:
           2         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;
           3         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;
           4         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;
           5         If you intend to oppose the application for a forfeiture, 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 POCA. An appearance must comply with these requirements;
           6         Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the
POCA for entry of an appearance referred to in paragraph 4 above;
           7         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;
           8         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;
           9         You may apply for reconsideration of the preservation order on no less than 24 hours-notice in
terms of Rule 6(8) of the Uniform Rules of the High Court.
           10        Whenever the 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 EE Machethe

           10th Floor, North State Building
           95 Albertina Sisulu Street
           Cnr Kruis Street
           Johannesburg
           Tel: (011) 220 4121
           Email: EMachethe@npa.gov.za
           Ref: 0816/23/P14

         Any correspondence or other enquiries must also be directed to this address or contact number.
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66  No. 49096                         GOVERNMENT GAZETTE, 11 August 2023