Collen Naftali Mokai of house number 363 Setlagole next to Setlagole SAPS Mafikeng

Court order seizes property linked to crime · Published 2023-09-08 · What is a POCA?

Party
Collen Naftali Mokai of house number 363 Setlagole next to Setlagole SAPS Mafikeng

Case

Case number
6541/2023
Court
Limpopo

Parties addressed

  • Collen Naftali Mokai of house number 363 Setlagole next to Setlagole SAPS Mafikeng

From the gazette

     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 white Volvo Horse truck with registration number JJS 235 MP chasis number YV2RS02DHM943027 and Engine
        number D13714834 hauling two trailers with registration number XKF 203 GP and the other without registration
        numbers seized by the members of police service in the Thabazimbi policing area on 03 August 2021 under
        Thabazimbi CAS 13/08/2021 held at Thabazimbi police pound with reference number SAP 13 565/2021, 2. Two
        trailers, one with registration number XKF 203 GP and the other without registration number seized by the
        member of police service in Thabazimbi policing area on 03 August 2021 under Thabazimbi CAS 13/08/2021
        held at Thabazimbi police pound with reference number SAP 13 565/2021, 3. a Silver-Grey Mazda3 sedan
        motor vehicle with registration number B 450 BLB seized by the members of police service in the Thabazimbi
        policing area on 03 August 2021 under Thabazimbi CAS 13/08/2021 held at Thabazimbi police pound with
        reference number SAP 13 569/2021 4. and Loads of chrome found loaded in two trailers, one with registration
        number XKF 203 GP and the other without registration numbers seized by the members of police service in
        Thabazimbi Policing area on 03 August 2021 under Thabazimbi CAS 13/08/2021 held at Thabazimbi police
        pound with reference number SAP 13 565/2021.
1. This notice is addressed to Collen Naftali Mokai of house number 363 Setlagole next to Setlagole SAPS Mafikeng,
        North West Province and Ramsay Lutchmee of 45 Irvine Street, Wolmaransstad North West Province 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.
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: The State Attorney: Mr T
        Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane, 0699. Reference:
        AFU 25/23/NT.
        His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086 452
        8838.
Any correspondenceor other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON. Tel:
(0150450195. E-mail: KMapila@npa.gov.za.
Date submitted: 2023-08-30.
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                                 This gazette is also available free online at www.gpwonline.co.za
42  No. 49277                      GOVERNMENT GAZETTE, 8 September 2023

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