Mubaiwa, Chinyavada K, Vundla N, James Mushaikwa, AI Braaq Auto Traders (Pty) Ltd and to all other persons who
Court order seizes property linked to crime · Published 2023-09-08 · What is a POCA?
- Party
- Mubaiwa, Chinyavada K, Vundla N, James Mushaikwa, AI Braaq Auto Traders (Pty) Ltd and to all other persons who
Case
- Case number
- 6541/2023
- Court
- Limpopo
Parties addressed
- Mubaiwa, Chinyavada K, Vundla N, James Mushaikwa, AI Braaq Auto Traders (Pty) Ltd and to all other persons who
From the gazette
Case No: 7275/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-08-14, Before the Honourable: Semenya AJP, in Chambers
In the matter between: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: 1. A red Ford Territory with registration number CT 24 PF GP, Chassis number 6FPAAAGAT5P55609 and
Engine number JGAT5P55609 seized by the members of the South African policing area on 08 February 2023
under Makhado CAS 88/02/2023 held at Makhado Police pound under reference number SAP 13 180/2023.
b) A grey Nissan Pathfinder with registration number FP 50 BZ GP Chassis /VN number
VSKJLWR51Z0017282 and Engine number VQ40088274A se
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 of 1998 in the High Court of South Africa (Limpopo
Local Division, Polokwane) on the 21st day of July 2023 in case number 6541/2023 in relation to:
1. (a) A red Ford Territory with registration number CT 24 PF GP, Chassis number 6FPAAAGAT5P55609 and Engine
number JGAT5P55609 seized by the members of the South African policing area on 08 February 2023 under Makhado
CAS 88/02/2023 held at Makhado Police pound under reference number SAP 13 180/2023, A grey Nissan Pathfinder
with registration number FP 50 BZ GP Chassis/VIN number VSKJLWR51Z0017282 and Engine number VQ40088274A
seized by members of the South African Police service near Makhado policing area on 08 February 2023 under
Makhado CAS 88/02/2023 held at Makhado Police pound under reference number SAP13 181/2023, A black BMW 5
series with registration number B 535 BIB seized by the members of the South African Police Services near Makhado
CAS 88/02/2023 held at Makhado Police pound under reference number SAP 13 182/2023, A red Audi A4 with
registration number FTV 389 L Chassis number WAUZZZ8K2CA104380 and Engine CDH159342 seized by the
members of the South African Police Services near Makhado Policing area on 08 February 2023 under Makhado CAS
88/02/2023 held at Makhado Police pound under reference number SAP 13 183/2023 and A Green BMW 5-Series with
registration number KKN 886 GP Chassis number WBADM62030GL55819 and Engine number 30652106 seized by
the members of the South African Police Services near Makhado policing area 08 February 2023 under Makhado CAS
88/02/2023 and held at Makhado Police pound with reference number SAP 13 184/2023 1. This notice is addressed to
Mubaiwa, Chinyavada K, Vundla N, James Mushaikwa, AI Braaq Auto Traders (Pty) Ltd and to all other persons who
may have an interest in the property described above.
Take notice that:
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;
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 sections 39(3), (4) and (5) of the
POCA. An appearance must comply with these requirements;
5)Your intention 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)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.
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.
This gazette is also available free online at www.gpwonline.co.za
30 No. 49277 GOVERNMENT GAZETTE, 8 September 2023