Notice
Court order seizes property linked to crime · Published 2023-08-25 · What is a POCA?
- Date
- 2020-07-28
Case
- Case number
- 7097/2023
- Court
- Limpopo Local Division, Polokwane
Asset description
a yellow Bell Excavator with serial number WLHZ1449T2D03883, a JCB Excavator with serial number PUNJS20CL02053470, an A40E Volvo Articulated Hauler with registration numbers FJY 571 MP and chassis numbers VCE0A40ET0001308 and 120 loads of chrome seized by members of the South African Police Service at Driekop on 28 July 2020 under case docket Driekop CAS 51/07/2020 and held at Driekop police pound with reference Driekop SAP13/105/2020(a copy of the application and order can be obtained from the
From the gazette
Having read the documents filed of record and having considered the matter,
IT IS HEREBY ORDERED:
1 An order is granted in terms of the provisions of section 50 of the Prevention of Organised Crime Act 121 of
1998 (POCA) declaring forfeit to the state, a white Ford Ranger Motor Vehicle with registration number YFN 201 GP
Chassis number AFASXXMJ2S8L01982 and Engine number WEAT154370 seized by the South African Police
Services at the Tzaneen policing area on 19 July 2021 under case docket Tzaneen CAS 204/07/2021 and held at
Tzaneen police station with reference SAP 13 558/2021 and a white Isuzu Motor Vehicle with registration number BKY
629 L Chassis number ADMTFR54S5F399512 and Engine number 4JA1490082 seized by the South African Police
Services at the Tzaneen policing area on 19 July 2021 under case docket Tzaneen CAS 204/07/2021 and held at
Tzaneen police station with reference SAP 13 558/2021(the property), which property is presently subject to a
preservation of property order granted by this court under the above case number on 19 August 2022:
2 In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
3 Subject to paragraph 4 below, the property shall remain in the custody of South African Police Service at
Tzaneen SAPS under the control and supervision of Captain Gennefer Thapedi Molokoane of the SAPS.
4 Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette,
Captain Gennefer Thapedi Molokoane, or any other duly authorised employee of the Applicant, is authorised to:
4.1 assume control of the property on behalf of the applicant;
4.2 sell the property at best, either by public auction or private treaty;
4.3 sign all documentation necessary to effect the sale, transfer and registration of property; and
4.4 deposit the proceeds from the sale of the property, less any commission and incidental expenses
occasioned by the sale, into the Criminal Asset Recovery Account established under section 63 of POCA, account
number 80303056 held at the South African
Reserve Bank, Vermeulen Street, Pretoria.
4. Captain Gennefer Thapedi Molokoane shall as soon as possible but not later than or within a period of 90
day of this order coming into effect, file a report with the applicant indicating the manner in which she complied with the
terms of this order.
5. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days
after he or she has acquired knowledge of such order, set the matter down for variation or rescission by the court.
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Case No: 7097/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANEivision)
POLOKWANE, 2023-08-04, Before the Honourable: Judge Naude-Odendaal, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re a yellow Bell Excavator with serial number WLHZ1449T2D03883, a JCB Excavator with serial number
PUNJS20CL02053470, an A40E Volvo Articulated Hauler with registration numbers FJY 571 MP and chassis
numbers VCE0A40ET0001308 and 120 loads of chrome seized by members of the South African Police Service
at Driekop on 28 July 2020 under case docket Driekop CAS 51/07/2020 and held at Driekop police pound with
reference Driekop SAP13/105/2020
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 4th day of August 2023 in case number 7097/2023 in relation to: a yellow
Bell Excavator with serial number WLHZ1449T2D03883, a JCB Excavator with serial number PUNJS20CL02053470,
an A40E Volvo Articulated Hauler with registration numbers FJY 571 MP and chassis numbers VCE0A40ET0001308
and 120 loads of chrome seized by members of the South African Police Service at Driekop on 28 July 2020 under
case docket Driekop CAS 51/07/2020 and held at Driekop police pound with reference Driekop SAP13/105/2020(a
copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to Malwandile (Pty) Ltd situated at 33 Hendrick Potgieter Street, Unit 2, Nelspruit,
Mpumalanga Province, Simon Keep Construction & Mining Supplies (Pty) Ltd situated at 25 Fiddle Street, Extension
This gazette is also available free online at www.gpwonline.co.za
42 No. 49187 GOVERNMENT GAZETTE, 25 August 2023