Khumalo & Apie Attorneys with offices situated at Crystal Building Office number 8

                                      NATIONAL / NASIONAAL
                                                                                                       Case No: M1282023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                            (NORTH WEST DIVISION, MAHIKENG)
                 MMABATHO, 2023-03-16, BEFORE THE HONOURABLEMADAM JUSTICE DJADJE DJP
         In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
   In re: A white Toyota Hilux 2.5D-4D single cab with Registration number KFC 463 NW and Chassis number
   AHTCS12G707634214 and Engine number 2KDA799096, currently held by the SAPS Madikwe under CAS
   38/12/2021 and SAP 13/211/2021.
     AN APPLICATION IN TERMS OF SECTION 38(1) 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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
   West Division, Mahikeng) on 16 March 2023 in Case number M128/2023, in relation to:
    A white Toyota Hilux 2.5D-4D single cab with registration number KFC 463 NW and chassis number
   AHTCS12G707634214 and Engine number 2KDA799096 currently held by the SAPS Madikwe under CAS
   38/12/2021 and SAP 13/211/2021. (a copy of the application and order can be obtained from the person mentioned
   in par 9 hereunder).
   This notice is addressed to: Khumalo & Apie Attorneys with offices situated at Crystal Building Office number 8,
   Warren street, Mafikeng in their capacity as legal representatives of Suzan Pulane Rakuba, an adult female and
   Wesbank, a registered financial service provider with adresses at 1 Enterprise Fairland , Randburg and any other
   persons who may have an interest in the property described above.
   Take notice that:
   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 a 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 POCA. 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 POCA.

   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 address: The State Attorney:
   Attorneys for Applicant Justice Chambers, First Floor, East Gallery, Megacity Sekame Street, Mmabatho. TEL: 018
   381 0669, Fax: 018 381 1575, REF: Ms Ndabeni.
   National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
   Sekame Road, Mmabatho, 2735. Tel: 018-381-9017. E-mail: MMahlafore@npa.gov.za.
   Date submitted: 2023-09-29.

                                                      available free online at www.gpwonline.co.za
                                 This gazette is also----------oo0oo----------
26  No. 49395                       GOVERNMENT GAZETTE, 6 October 2023