Notice
Court order seizes property linked to crime · Published 2023-11-03 · What is a POCA?
- ID / Reg no
- 9002256028082
- Date
- 2023-08-30
Case
- Case number
- 2023-082400
- Court
- Gauteng Division, Pretoria
From the gazette
Case No: 2023-082400
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division , Pretoria)
Pretoria, 2023-08-30, The Honorable Justice Ledwaba in chambers
In the ex parte application of: –
In re: Silver Hyundai Elantra 1.6 GLS F/L motor vehicle with registration number ZCN366GP Chassis (VIN
number KMHKF31RPXU746640 and Engine number G4GRW497855 seized by the South African Police Service
on the 28th of April 2023 Brakpan CAS 405/04/2023, held at the Aeroton Vehicle Safeguarding Services SAPS
with reference SAPS13/1309/2023
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 30
August 2023 in case number 2023-082400 In re: A Silver Hyundai Elantra '1.6 GLS F/L motor vehicle with registration
number ZCN366GP Chassis (VIN number KMHKF31RPXU746640 and Engine number G4GRW497855 seized by the
South African Police Service on the 28th of April 2023 Brakpan CAS 405/04/2023, held at the Aeroton Vehicle
Safeguarding Servjces SAPS with reference SAPS13/1309/2023
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder). This
notice is addressed to: Mpitso Bokang with identification number 9002256028082 in his personal capacity as registered
owner of the Hyundai Elantra,residing at last known adress 1944,Gospel Street,Lindelani, Windmill Park .
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 X 91,
Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax No: 012 309 1649/50
Email: kkgaphola@justice.gov.za and or Clay Sibiya at the VGM Building, 123 Westlake Ave ,Weavind Park,
Silverton. His contact details are as follows Tel: 012 845 6368. Email: ClSibiya@npa.gov.za
This gazette is also available free online at www.gpwonline.co.za
34 No. 49593 GOVERNMENT GAZETTE, 3 November 2023