Masilo Temogo Mosesenyane with his primary residence being at house no 10566

Court order seizes property linked to crime · Published 2023-11-10 · What is a POCA?

Party
Masilo Temogo Mosesenyane with his primary residence being at house no 10566
Date
2023-09-07

Case

Case number
M500/2023

Parties addressed

  • Masilo Temogo Mosesenyane with his primary residence being at house no 10566

Asset description

cash amount of R129 000 seized by the members of the South African Police Services (SAPS) on 06 May 2020 at House no 10656, Z Section Kanana and held at Klerksdorp SAPS Finance office account with receipt number 21759313 under Klerksdorp enquiry 07/05/2020

Identifiers

Cash amount
R129 000

From the gazette

                                       NATIONAL / NASIONAAL
                                                                                         Case No: M500/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                         (NORTH WEST DIVISION, MAHIKENG)
                    MMABATHO, 2023-09-07, BEFORE THE HONOURABLE JUSTICE MORGAN AJ
         In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
  In re: cash amount of R129 000 seized by the members of the South African Police Services (SAPS) on 06 May
  2020 at House no 10656, Z Section Kanana and held at Klerksdorp SAPS Finance office account with receipt
  number 21759313 under Klerksdorp enquiry 07/05/2020
    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 07 September 2023 in case number M500/2023 in relation to:

           cash amount of R129 000 seized by the members of the South African Police Services (SAPS) on 06 May
  2020 at House no 10656, Z Section Kanana and held at Klerksdorp SAPS Finance office account with receipt number
  21759313 under Klerksdorp enquiry 07/05/2020

          (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to Masilo Temogo Mosesenyane with his primary residence being at house no 10566
  Kanana, Klerksdorp 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.

                                  This gazette is also available free online at www.gpwonline.co.za
18  No. 49616                       GOVERNMENT GAZETTE, 10 November 2023

Source