Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons who have
Court order seizes property linked to crime · Published 2023-08-18 · What is a POCA?
- Party
- Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons who have
- Date
- 2022-11-11
Case
- Case number
- 2022-039087
- Court
- Gauteng
Parties addressed
- Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons who have
Asset description
The amount of R880 000 (eight hundred and eighty thousand rand) plus interest held in the Gene vd Merwe Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)
Identifiers
- Cash amount
- R880 000
From the gazette
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.
NATIONAL PROSECUTING AUTHORITY (0rder no: 030378), Corner Pritchard and Kruis Street, Johannesburg. Tel:
011 220 4087. E-mail: MeMahloko@npa.gov.za.
Date submitted: 2023-08-08.
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Case No: 2022-039087
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2022-11-11, BEFORE THE HONOURABLE JUSTICE MAIER-FRAWLEY, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R880 000 plus interest held in the Gene vd Merwe Incorporated Trust, Account number
020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF
ORGANISED CRIME ACT 121 OF 1998
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 11 November 2022 in case number 2022-039087 in relation to:
The amount of R880 000 (eight hundred and eighty thousand rand) plus interest held in the Gene vd Merwe
Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022 (a copy
of the application and order can be obtained from the person mentioned in par 10 hereunder)
This notice is addressed to Mamsie Momosadi Selekane, Mokgadi Progress Maleto and all other persons who have
an interest in certain property identified as The amount of R880 000 plus interest held in the Gene vd Merwe
Incorporated Trust, Account number 020 509 251 at Standard Bank under Boksburg North CAS 268/06/2022 (the
property):
Take notice that:
1. 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;
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;
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Augustus 2023 No. 49127 65
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 in sections 39(3), (4) and (5) of the POCA. An
appearance must comply with these requirements;
5. 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 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 In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice, set down
the matter for reconsideration;
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 addresses: The State Attorney: Attorneys
for Applicant, 10th Floor, North State Building, 99 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg; Private bag
X9. Tel: 011 220 4121. E-mail: EMachete@npa.gov.za. Ref: Mr E Machete/P14 Nkosi T.
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets, Johannesburg.
Tel: (011) 2204087. E-mail: MeMahloko@npa.gov.za.
Date submitted: 2023-08-08.
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Case No: 2023/044736
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-05-15, BEFORE THE HONOURABLE JUDGE MUDAU
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Honda CR-V with registration number CZ73TXGP, engine number R20A11700332, Chassis number
JHLRE28307C200329 in the name of Lifestyle Auto seized by members of the South African Police Service on 16 April
2019 from Tan Guangfen.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF
ORGANISED CRIME ACT 121 OF 1998
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 15 May 2023 in case number 2023/044736 in relation to: Honda CR-V with registration
number CZ73TXGP, engine number R20A11700332, Chassis number JHLRE28307C200329 in the name of Lifestyle
Auto seized by members of the South African Police Service on 16 April 2019 from Tan Guangfen (a copy of the