Leah Mookho Mabitle (Identity Number: 760506 0419 08 1), and all other persons

Court order seizes property linked to crime · Published 2023-09-22 · What is a POCA?

Party
Leah Mookho Mabitle (Identity Number: 760506 0419 08 1), and all other persons

Case

Case number
2023-056153
Court
Gauteng

Parties addressed

  • Leah Mookho Mabitle (Identity Number: 760506 0419 08 1), and all other persons

Asset description

The sum of R50 000 in cash held in the Boksburg North Police Station's SAP13 Office under references SAP13/750/2022 and SAP13/863/2022. (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

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;
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 Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows:
Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. E-mail:
KKgapola@justice.gov.za and CLSibiya@npa.gov.za. Reference: 2955/23/Z56.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: (012) 845-6368. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-09-10.
                                                 ----------oo0oo----------
                                                                                                   Case No: 2023-056153
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
              JOHANNESBURG, 2023-06-22, BEFORE THE HONOURABLE ADAMS J, in chambers
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R50 000 in cash held in the Boksburg North Police Station’s SAP13 Office under references
SAP13/750/2022 and SAP13/863/2022.
 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 the 22 JUNE 2023, Case number 2023-056153, in relation to:
The sum of R50 000 in cash held in the Boksburg North Police Station's SAP13 Office under references
SAP13/750/2022 and SAP13/863/2022. (a copy of the application and order can be obtained from the person
mentioned in par 10 hereunder).
1. This notice is addressed to: Leah Mookho Mabitle (Identity Number: 760506 0419 08 1), and all other persons
who have an interest in the below listed property, or property representing such property or the proceeds of such
property, to wit, the sum of R50 000 in cash seized by the South African Police Service on 28 October 2022 and
13 December 2022 under Boksburg North CAS 175/11/2022 and deposited into the Boksburg North Police Station's
SAP13 Office under references SAP13/750/2022 and SAP13/863/2022, respectively (the property).
Take notice that:

2. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order
(the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the
property.
3. 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.
4. 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.
5. If you intend to oppose the application for a forfeiture, 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 POCA. An appearance must comply with these requirements.
6. Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA for entry of
an appearance referred to in paragraph 4 above.
7. 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.

                              This gazette is also available free online at www.gpwonline.co.za
26  No. 49326                     GOVERNMENT GAZETTE, 22 September 2023

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