Timothy Mugabe (Passport Number: DN666420), Samuel Ngwenya (Identity Number:
Court order seizes property linked to crime · Published 2023-08-18 · What is a POCA?
- Party
- Timothy Mugabe (Passport Number: DN666420), Samuel Ngwenya (Identity Number:
- Date
- 2023-03-14
Case
- Case number
- 2023-00328
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Timothy Mugabe (Passport Number: DN666420), Samuel Ngwenya (Identity Number:
Asset description
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 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)
From the gazette
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (the
POCA)
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 14 March 2023 in case number 2023-00328 in relation to:
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 (a copy of the application and order can be obtained from the person
mentioned in par 10 hereunder)
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;
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Augustus 2023 No. 49127 41
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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Case No. 23357/2022
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
JOHANNESBURG, 2023-07-05, THE HONOURABLE JUDGE GOEDHART AJ
In the ex parte application of: URSELA ROCH, Applicant
Having read the papers filed of record, having heard counsel for the plaintiff and having considered the matter:
IT IS ORDERED THAT:
1. The matter is enrolled on the court roll for 4 July 2023 as matter 67.
2. The rule nisi revived on 29 May 2023 is extended to 3 August 2023.
3. The matter is postponed to 3 August 2023.
4. On 3 August 2023 all interested parties must show cause (if any) before this Court, why an order in the following
terms should not be made final:
4.1. It is ordered that Johan Steyn (Identity Number: 490126 5064 08 4) born on the 26th January 1949, be presumed
dead.
5. That service of this order be effected in the following manner:
5.1. By publishing a copy of this order in one edition of the Government Gazette, Die Beeld and the Citizen newspapers;
Legal representative of the Applicant: Adv. E Coleman
colemanedward@gmail.com
Cell: 0837564467
Attorney: Melissa Hertz
Address: 30 True North Road, Mulbarton
AND
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
CASE NO: 23357/2022
This gazette is also available free online at www.gpwonline.co.za
42 No. 49127 GOVERNMENT GAZETTE, 18 August 2023