Lerato Innocentia Pule
Court order seizes property linked to crime · Published 2023-09-01 · What is a POCA?
- Party
- Lerato Innocentia Pule
- ID / Reg no
- T145/1905
- Date
- 2023-06-22
Case
- Case number
- 2023/056148
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Lerato Innocentia Pule
Asset description
The sum of R118 580.00 in cash kept by South African Police Service and held under South African Police Service criminal case docket reference number: Mondeor CAS 316/08/2022 and SAP13 reference number 629/2022, taking number: 153412712 and purpose receipt number:28193562
Identifiers
- Deed numbers
- T145/1905
From the gazette
Case No: 2023/056148
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-06-22, BEFORE THE HONOURABLE JUSTICE ADAMS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R118 580.00 in cash kept by South African Police Service and held under South African Police
Service criminal case docket reference number: Mondeor CAS 316/08/2022 and SAP13 reference number
629/2022, taking number: 153412712 and purpose receipt number:28193562
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 22 JUNE 2023 in case number 2023/056148 in relation to:
The sum of R118 580.00 in cash kept by South African Police Service and held under South African Police
Service criminal case docket reference number: Mondeor CAS 316/08/2022 and SAP13 reference number 629/2022,
taking number: 153412712 and purpose receipt number:28193562
(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)
This notice is addressed to Lerato Innocentia Pule and all persons who may have an interest the sum of R118
500.00 in cash kept by South African Police Service and held under South African Police Service criminal case docket
reference number: Mondeor CAS 316/08/2022 and SAP13 reference number 629/2022, taking number: 153412712
and purpose receipt number:281935 (“the property”).
TAKE NOTICE THAT:
1. The National Director of Public Prosecutions has obtained a preservation order (the order) a copy of which
is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (POCA) in
respect of the property.
2. If you have an interest in the property you must understand that it is now at risk. You will be well advised
to obtain legal advice on whether your interest can be protected, if so how to protect it.
3. You are advised that the National Director of Public Prosecutions will, within 90 days of the publication
of this notice, apply to the High Court under section 48 of the POCA, for an order declaring the property forfeited to the
state. The order will remain in force until the application for forfeiture order is finalised, and until any forfeiture order
that is made final.
4. If you intend opposing the application for forfeiture, or if you intend applying for an order excluding your
interest from the property, you must enter an appearance in terms of section 39(1), (4), and (5) of the POCA.
5. If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice by the
applicant of the application for a forfeiture order in respect of the property.
6. If you fail to enter an appearance, the court may grant an order forfeiting the property to the state by
default under section 53 of POCA.
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. 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.
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 address:
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 1 September 2023 No. 49215 51
STATE ATTORNEY
Applicant's attorneys
10th Floor, North State Building
99 Albertina Sisulu Street
JOHANNESBURG
Tel: (011) 220 4121
Email: EMachethe@npa.gov.za
REF: Mr E Machethe/P14 Pule I
Any correspondence or other enquiries must also be directed to this address or contact number.
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Case No: 1745/2023
COURT ORDER
IN THE HIGH COURT OF SOUTH AFRICA
(MPUMALANGA DIVISION MBOMBELA (MAIN SEAT))
NELSPRUIT, 2023-07-14, HONOURABLE JUSTICE ROELOFSE AJ
In the matter between: LONGMEADOW HOME FARM (PTY) LTD, Applicant, and THE REGISTRAR OF DEEDS,
MPUMALANGA, Respondent
Having read the documents filed of record, heard counsel and considered the matter,
1. That a rule nisi is hereby granted returnable on 2 October 2023, at which date all persons who have a
legitimate interest are called upon to put forward their reasons why this Court should not make an order in
the following terms:
1.1 It is declared that Longmeadow Home Farm (Pty) Ltd ("the Applicant") has a acquired ownership by
virtue of acquisitive prescription of a 1/7th (one seventh) undivided share in the property known as
"Portion 7 of the Farm Grootsuikerboschkop 124, Registration Division J.T., Mpumalanga Province",
measuring 60,6824 (SIXTY COMMA SIX EIGHT TWO FOUR) hectares, held by Deed of Transfer
Number: T145/1905" ("the property") which was previously owned by Jan Breukman under Deed of
Transfer T145/1905.
1.2 In terms of Section 33(6) of the Deeds Registries Act, 47 of 1937 that the Registrar of Deeds,
Mpumalanga is hereby ordered to register the 1/7th (one seventh) undivided share in the property in
the name of the Applicant.
1.3 That there be no order of costs, save in the event of opposition.
2. It is hereby ordered that the rule nisi issued in terms of paragraph 1 above be served as follow:
2.1 an advertisement in a newspaper circulating in the area where the property is situated;
2.2 an advertisement in the Government Gazette;
2.3 by affixing the notice board of the Registrar of Deeds, Mpumalanga;
2.4 by hand on the Registrar of Deed, Mpumalanga.
This gazette is also available free online at www.gpwonline.co.za
52 No. 49215 GOVERNMENT GAZETTE, 1 September 2023