Notice

Court order seizes property linked to crime · Published 2023-09-01 · What is a POCA?

Date
2023-07-12

Case

Case number
2023-064460
Court
Gauteng Division, Pretoria

Asset description

A white Mazda Drifter with registration number JS 48 RF GP and previous registration number JMD 051 NW with VIN number AFADAXMJ2D3P00267 and engine number WLAT425603 seized by the Police on 02 November 2020 and placed for safeguarding at Jericho SAP13/44/2020.

From the gazette

                                                                                              Case No: 2023-064460
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                            (NORTH GAUTENG, PRETORIA)
              PRETORIA, 2023-07-12, BEFORE THE HONOURABLE JUSTICE Ledwaba, IN CHAMBERS
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: A white Mazda Drifter with registration number JS 48 RF GP and previous registration number JMD 051
 NW with VIN number AFADAXMJ2D3P00267 and engine number WLAT425603 seized by the Police on 02
 November 2020 and placed for safeguarding at Jericho SAP13/44/2020.
           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 12 JULY 2023 in case number 2023-064460 in relation to:

         A white Mazda Drifter with registration number JS 48 RF GP and previous registration number JMD 051 NW
 with VIN number AFADAXMJ2D3P00267 and engine number WLAT425603 seized by the Police on 02 November
 2020 and placed for safeguarding at Jericho SAP13/44/2020.

          (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

         This notice is addressed to (1.) MAKURUMURE L, whose last known address is 413 Bakenkloof Street,
 Wolmer, Pretoria, and (2.) BLESSING ZINHANGA, whose last known address is 11045 Extention 05, Soshanguve.

          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;

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 1 September 2023                                        No. 49215   45

         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:Mr K Kgaphula, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact
details are as follows: Private Bag X 91, Pretoria, 0001. Tel:012 309 1677 and Fax: Email: KKgaphula@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
                                                  ----------oo0oo----------
                                                                                                    Case No: 2023/024179
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                     (GAUTENG DIVISION, JOHANNESBURG)
        JOHANNESBURG, 2023-03-24, BEFORE THE HONOURABLE JUSTICE STRYDOM, IN CHAMBERS
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The amount of R250 000 together with interest accrued thereon held in the Nedbank bank account of
Tourvest Financial Services (Pty) Ltd previously t/a American Express Foreign Exchange and now t/a Travelex
   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 24 March 2023 in case number 2023/024179 in relation to:

Source