; Inclusion South Africa (PTY)LTD(Inclusion) in its capacity as the titleholder of the

Court order seizes property linked to crime · Published 2023-10-20 · What is a POCA?

Party
; Inclusion South Africa (PTY)LTD(Inclusion) in its capacity as the titleholder of the
Date
2023-07-20

Case

Case number
M374/2023
Court
Eastern Cape Division , East London Circuit Court

Parties addressed

  • ; Inclusion South Africa (PTY)LTD(Inclusion) in its capacity as the titleholder of the

Asset description

This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 20 Oktober 2023 No. 49515 33

From the gazette

        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: A White Toyota Etios with register number GBH907L, licence registration number, DS90ZYGP chassis
 number MBJM29BT602027160 and engine number 2NRD088774 seized by the members of the South African
 Police Service on 25 November 2022 and kept Jericho Pound under CAS number 408/11/2022 and
 SAP13/242/2022
          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 20 July 2023 in case number M374/2023 in relation to:

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 20 Oktober 2023                                          No. 49515   33

         A White Toyota Etios with register number GBH907L, licence registration number, DS90ZYGP chassis
number MBJM29BT602027160 and engine number 2NRD088774 seized by the members of the South African Police
Service on 25 November 2022 and kept Jericho Pound under CAS number 408/11/2022 and SAP13/242/2022

          (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
         This notice is addressed to ; Inclusion South Africa (PTY)LTD(Inclusion) in its capacity as the titleholder of the
property with its business address being at 53A Gemsbok Avenue, Monument Park, Pretoria 0181, Andries Thabo
Khumalo (Khumalo) in his capacity as the registered owner of the property with his address being 46 Aren Street,
Testonville, Germiston, Gauteng 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.
                                                   ----------oo0oo----------
                                                                                                    Case No: EL 1549/2023
                                                                                                             041-585 7921
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                 (Eastern Cape Division , East London Circuit Court)
                       East London, 2023-10-10, Before the Honorable Madam Justice Norman
              In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re: Ford EcoSport with registration no HXS794EC with Chassis number MAJAXXMRKKAGS82448 and
engine number GS82448 which is an instrumentality of unlawful activities and was seized by the South African
Police Services on 18 March 2023 and is held under Komga CAS 28/03/2023.a copy of which can be obtained

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