(a) Khosi Kunene
Court order seizes property linked to crime · Published 2023-11-03 · What is a POCA?
- Party
- (a) Khosi Kunene
- ID / Reg no
- 7508230640083
- Date
- 2023-07-12
Case
- Court
- Gauteng Division, Pretoria
Parties addressed
- (a) Khosi Kunene
Asset description
1. A grey Chevrolet Captiva with registration number XFF 098 GP, VIN number KL1DC53F78B2367 and Engine Number Z24SED045267 owned by and currently in possession of Khosi Kunene with Identity Number: 7508230640083. 2. A white Isuzu KB Series with registration number DX 33 BH GP, VIN number 5517011 and Engine Number 4JA1331481 owned by and currently in possession of Taelo Pertunia Shabangu with Identity Number: 9008200686081.
From the gazette
Grant & Swanepoel Attorneys
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Case No: 2023 - 062909
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-07-12, BEFORE THE HONOURABLE JUSTICE LEDWABA IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: 1. A grey Chevrolet Captiva with registration number XFF 098 GP, VIN number KL1DC53F78B2367 and
Engine Number Z24SED045267 owned by and currently in possession of Khosi Kunene with Identity Number:
7508230640083.
2. A white Isuzu KB Series with registration number DX 33 BH GP, VIN number 5517011 and Engine Number
4JA1331481 owned by and currently in possession of Taelo Pertunia Shabangu with Identity Number:
9008200686081.
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 12 July 2023 in case number 2023 - 062909 in relation to:
1. A grey Chevrolet Captiva with registration number XFF 098 GP, VIN number KL1DC53F78B2367
and Engine Number Z24SED045267 owned by and currently in possession of Khosi Kunene with Identity Number:
7508230640083.
2. A white Isuzu KB Series with registration number DX 33 BH GP, VIN number 5517011 and Engine
Number 4JA1331481 owned by and currently in possession of Taelo Pertunia Shabangu with Identity Number:
9008200686081.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
(a) Khosi Kunene, whose last known address is Number 23 Komane Street, Atteridgeville, Pretoria.
(b) Taelo Petunia Shabangu, whose last known address is Number 33 Thobela Crescent, Mamelodi,
extension 22
and to all persons who may have an interest in the property described above.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 3 November 2023 No. 49593 53
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 addresses:
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: (012) 309
01649/50. Email: KKgaphola@justice.gov.za and
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
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Case No: 2023 - 062565
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-07-12, BEFORE THE HONOURABLE JUSTICE LEDWABA IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Cash amount of R4 000 seized by the police on the 22nd of April 2022 and held in the SAPS suspense
account under Pretoria Central CAS number 491/04/2022 with Taking Number 158697278