Nazir Mulla Asmal and Aresumo Degene Demeke and to all other persons who

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

Party
Nazir Mulla Asmal and Aresumo Degene Demeke and to all other persons who
Date
2021-09-14

Case

Case number
7879/2023
Court
Limpopo

Parties addressed

  • Nazir Mulla Asmal and Aresumo Degene Demeke and to all other persons who

Asset description

A White Toyota Quantum 2.8 LWB PANEL VAN3- with registration number JRC 994 EC, Chassis number JTFRAFAP408003687 and Engine number 1GD8429354 seized by the members of the South African Police Services near Mahwelereng policing area on 14 September 2021 unde Mahwelereng CAS 286/09/2021 and held at Mahwelereng police pound under reference number SAP 13 875/2021. (b) Cash amount of R15 000.00 seized by members of the South African Police

Identifiers

Cash amount
R15 000.00

From the gazette

           1 An order is granted in terms of the provisions of section 50 of the Prevention of Organised Crime Act 121 of
 1998 (POCA) declaring forfeit to the
           state, a silver-grey Polo motor vehicle with registration number FPG 418 L, Chassis number
 AAVZZZ1KZS4010493 and engine number BGU137372
           seized by members of the South African Police Service near Makhado on 25 January 2021 under case docket
 Makhado CAS 213/01/2021 and held at
           the Gravelotte Police Station with reference SAP13 43/2021(The property).
           2 In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
           3 Subject to paragraph 4 below, the property shall remain in the custody of the South African Police Service
 at Vaalwater under the
           control and supervision of Moshopjadi Patricia Nkuna.
           4 Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette,
 Moshopjadi Patricia Nkuna, or any other
           duly authorised employee of the Applicant, is authorised to:
           4.1 assume control of the property on behalf of the applicant.
           4.2 sell the movable property at best, either by public auction or private treaty;
           4.3 sign all documentation necessary to effect the sale, transfer and registration of the movable property; and
           4.4 deposit cash and the proceeds from the sale of the motor vehicle, less any commission and incidental
 expenses occasioned by the sale,
           into the Criminal Asset Recovery Account established under section 63 of POCA, account number 80303056
 held at the South African Reserve
           Bank, Vermeulen Street, Pretoria.
           4. Moshopjadi Patricia Nkuna shall as soon as possible but not later than or within a period of 90 day of this
 order coming into
           effect, file a report with the applicant indicating the manner in which she complied with the terms of this order.
           5. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days
 after he or she has acquired
           knowledge of such order, set the matter down for variation or rescission by the court.
           6. The Applicant accordingly seeks an order from this Honourable Court dispensing with the need for a curator
 bonis is appointed.
                                                   ----------oo0oo----------
                                                                                        Case No: 7879/2023
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                     (LIMPOPO LOCAL DIVISION, POLOKWANE)
                     POLOKWANE, 2023-08-31, Before the Honourable: Semenya AJP, in Chambers
             In the matter between: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: 1. A White Toyota Quantum 2.8 LWB PANEL VAN3- with registration number JRC 994 EC, Chassis number
 JTFRAFAP408003687 and Engine number 1GD8429354 seized by the members of the South African Police
 Services near Mahwelereng policing area on 14 September 2021 unde Mahwelereng CAS 286/09/2021 and held
 at Mahwelereng police pound under reference number SAP 13 875/2021.
 b) Cash amount of R15 000.00 seized by members of the South African Police Services in the Mahwelereng
 policing area on 14 September 2021 under case docket Mahwelereng CAS 286/09/2021 and held at
 Mahwelereng Police Station under reference number SAP 13 872/2021
     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 31st day of August 2023 in case number 7879/2023 in relation to: A White Toyota
 Quantum 2.8 LWB PANEL VAN3- with registration number JRC 994 EC, Chassis number JTFRAFAP408003687 and
 Engine number 1GD8429354 seized by the members of the South African Police Services near Mahwelereng policing
 area on 14 September 2021 unde Mahwelereng CAS 286/09/2021 and held at Mahwelereng police pound under
 reference number SAP 13 875/2021. (b) Cash amount of R15 000.00 seized by members of the South African Police

                                This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 20 Oktober 2023                                         No. 49515   51

Services in the Mahwelereng policing area on 14 September 2021 under case docket Mahwelereng CAS 286/09/2021
and held at Mahwelereng Police Station under reference number SAP 13 872/2021. (c) Cash amount of R3 550.00
seized by members of the South African Police Services in the Mahwelereng policing area on 14 September 2021
under case docket Mahwelereng CAS 286/09/2021 and held at Mahwelereng police station under reference number
SAP 13 873/2021. (Copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
           1. This notice is addressed to Nazir Mulla Asmal and Aresumo Degene Demeke and 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 - 35/2023/NT
           His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086
452 8838

         Any correspondence or other enquiries must also be directed to this address or contact number.
                                                   ----------oo0oo----------
                                                                                        Case No: 6888/2023
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   (LIMPOPO LOCAL DIVISION, POLOKWANE)
              POLOKWANE, 2023-08-04, Before the Honourable: Judge Naude -Odendaal, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a White Opel Corsa Pick-up motor vehicle bearing registration number CZL 578 L, Chassis number
ADMRC80AM1Z989971 and Engine number WC0013418 held at the Gravelotte police station under Cas
04/01/22 with reference SAP13/04/2022.
    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

Source