Bethuel Ngobeni, who resides at House number 4949, Khutsong Ext 3
Court order seizes property linked to crime · Published 2023-10-13 · What is a POCA?
- Party
- Bethuel Ngobeni, who resides at House number 4949, Khutsong Ext 3
Case
- Case number
- 2023-074050
- Court
- Gauteng Division, Pretoria
Parties addressed
- Bethuel Ngobeni, who resides at House number 4949, Khutsong Ext 3
From the gazette
Case No: 2023-074050
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division, Pretoria)
Pretoria, 2023-07-31, The Honorable Justice Ledwaba AP
In the ex parte application of: NDPP
In re:
- In re: Standard Bank Mymo Current account number 28366336 with available balance of R1 034 357,57 plus
interests, held in the name of Bethuel Ngobeni; and
- Money Market Select Account number 10167210376 with available balance of R3 404,58, plus interests,
held in the name of Bethuel Ngobeni.
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, Pretoria) on 31 July 2023, in Case number 2023-074050.
In re: Standard Bank Mymo, Current account number 28366336, with available balance of R1 034 357,57 plus
interests held in the name of Bethuel Ngobeni and Money Market Select Account number 10167210376, with available
balance of R3 404,58 plus interests, held in the name of Bethuel Ngobeni (a copy of the application and order can be
obtained from the person mentioned in Par 9 hereunder).
This notice is addressed to: Bethuel Ngobeni, who resides at House number 4949, Khutsong Ext 3,
Carltonville.
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 an 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 Act. 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 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 address: THE STATE ATTORNEY:
Mr K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag
X91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax No: 012 309 1649/50. E-mail:
kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za. Reference no.:3109/2023/Z56.
This gazette is also available free online at www.gpwonline.co.za
36 No. 49462 GOVERNMENT GAZETTE, 13 October 2023