Sellwane Caroline Ramafikeng: Tshepiso Promise Donald Mahlatsi and William
Court order seizes property linked to crime · Published 2023-11-03 · What is a POCA?
- Party
- Sellwane Caroline Ramafikeng: Tshepiso Promise Donald Mahlatsi and William
Case
- Case number
- 5192/2023
- Court
- Limpopo Local Division, Polokwane
Parties addressed
- Sellwane Caroline Ramafikeng: Tshepiso Promise Donald Mahlatsi and William
From the gazette
PHATSHOANE HENNEY INC
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Case No: 4849/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-06-06, Before the Honourable: Acting Judge President SEMENYA, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a white Freightliner Argosy with registration numbers DR91XYGP, Chassis number
1FUJAWB5LGH3637and Engine number 79756523, Seized by the members of the South African Police
Services in Vereeniging, under case docket Makhado CAS64/05/2022 and held in the SAPS SAP 13 store in
Vereeniging with reference SAP13/446/2022; (b) a white Mercedes Benz Actros with registration numbers
HN18HFGP, Chassis number WDB93424160041497 and Engine number 541948C0988862. Seized by the
members of the South African Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022
and held in the SAPS SAP 13 store in Vereeniging with reference SAP13/449/2022;
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
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 0of 1998 in the High Court of South Africa
(Limpopo Local Division, Polokwane) on the 21st day of June 2023 in case number 5192/2023 in relation to: a white
Freightliner Argosy with registration numbers DR91XYGP, Chassis number 1FUJAWB5LGH3637and Engine number
79756523, Seized by the members of the South African Police Services in Vereeniging, under case docket Makhado
CAS64/05/2022 and held in the
SAPS SAP 13 store in Vereeniging with reference SAP13/446/2022;
(b) a white Mercedes Benz Actros with registration numbers HN18HFGP, Chassis number
WDB93424160041497 and Engine number 541948C0988862. Seized by the members of the South African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP 13
store in Vereeniging with reference SAP13/449/2022;
(c)a white Mercedes Benz Actros with registration numbers HC29PVGP, Chassis number
WDB9342416L805327 and Engine number 542942C0917045; Seized by the members of the South African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP 13
store in Vereeniging with reference SAP13/448/2022;
(d)a white Toyota Hilux Double Cab with registration numbers JW 75 RH GP, Chassis number
AHTGA3DDX00977272 and Engine number 1GD0763602 and seized by the members of the South African
Police Services in Vereeniging, under case docket Makhado CAS 64/05/2022 and held in the SAPS SAP 13
store in Vereeniging with reference SAP13/445/2022; and a white Mercedes Benz Actros with registration
numbers HZ98NXGP, Chassis number ABJ96342460282954 and Engine number 460972U1026391 and
seized by the members of the South African Police Services in Lebombo Border Post under case docket
Makhado CAS 64/05/2022 and held in the SAPS SAP 13 store in Komatipoort with reference SAP13/92/2022.
(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to Sellwane Caroline Ramafikeng: Tshepiso Promise Donald Mahlatsi and William
Macholo at 4th Avenue, Nanescol AH, VanderbijlPark and Standard Bank at no 5 Simmonds Street, Marshalls Town,
Johannesburg, Gauteng Province 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;
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 3 November 2023 No. 49593 57
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 15/23/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.
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Case No: UM67/2023
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION,MAHIKENG)
MMABATHO, 2023-07-27, Before The Honourable Madam Justice Djadje DJP
In the application of: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A White Toyota Hiace Truck with Chassis number YH810025693, engine number 2Y0826767 and
registration number B873BAU that was seized by members of the South African National Defence Force on
08th October 2022 and kept at Lehurutse Police Station under Motswedi CAS 6/10/2022
IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 READ WITH SECTION 53 OF
THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
Having heard Ms Mahlafore on behalf of the Applicant and having read the notice of Motion and other
documents filed of records; it is ordered:
1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime Act
121 of 1998 (the Act) declaring forfeit to the State a White Toyota Hiace Truck with Chassis number YH810025693,
engine number 2Y0826767 and registration number B873BAU that was seized by members of the South African
National Defence Force on 08th October 2022 and kept at Lehurutse Police Station under Motswedi CAS 6/10/2022
(the property).
2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
3.THAT: Subject to paragraph 4 below, the property shall remain in the custody of the SAPS Lehurutshe
Police Station under Motswedi CAS 6/10/2022
4.THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS is authorised to release the property to the designated employee of the Assets Forfeiture Unit to:
4.1 Assume control of the property on behalf of the applicant;
4.2 Sell the 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 property; and
This gazette is also available free online at www.gpwonline.co.za
58 No. 49593 GOVERNMENT GAZETTE, 3 November 2023