Lebogang Motswaedi an adult female with her adress being at House no 2543

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

Party
Lebogang Motswaedi an adult female with her adress being at House no 2543
Date
2023-08-17

Case

Case number
M439/2023
Court
MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT

Parties addressed

  • Lebogang Motswaedi an adult female with her adress being at House no 2543

Asset description

cash amount of R18 262.30 seized by the members of the South African Police Services (SAPS) on 16 November 2022 at House no 2543, Thulamtwana, Lehurutshe and held at Lehurutshe SAPS Finance Office account with receipt number 27577800 under Lehurutshe CAS 50/11/2022

Identifiers

Cash amount
R18 262.30

From the gazette

          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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
 Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: /2023/P2.
                                                    ----------oo0oo----------
                                                                                      Case No: M439/2023
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                        (NORTH WEST DIVISION,MAHIKENG)
                MMABATHO, 2023-08-17, BEFORE THE HONOURABLEMADAM JUSTICE REDDY AJ
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: cash amount of R18 262.30 seized by the members of the South African Police Services (SAPS) on 16
 November 2022 at House no 2543, Thulamtwana, Lehurutshe and held at Lehurutshe SAPS Finance Office
 account with receipt number 27577800 under Lehurutshe CAS 50/11/2022
   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 17 August 2023 in case number M439/2023 in relation to:

          cash amount of R18 262.30 seized by the members of the South African Police Services (SAPS) on 16
 November 2022 at House no 2543, Thulamtwana, Lehurutshe and held at Lehurutshe SAPS Finance Office account
 with receipt number 27577800 under Lehurutshe CAS 50/11/2022

         (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
         This notice is addressed to Lebogang Motswaedi an adult female with her adress being at House no 2543
 Thulamtwana Lehurutshe 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

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 10 November 2023                                          No. 49616   19

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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: 1614/2023/P2.
                                                   ----------oo0oo----------
                                                                                                        Case No: 4610/2023
                                                                                                              013 045 0709
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                   (MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT))
             MBOMBELA, 2023-10-09, BEFORE THE HONOURABLE JUDGE: GREYLING -COETZER AJ
               In the ex parte application of: The National Director of Public Prosecutions, Applicant
                        In re: Stand No 386 Clau-Clau Mbuyane Traditional Council, KaBokweni
          NOTICE IN TERMS OF SECTION 39(1)(b) OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
1998 (POCA)
          This notice is addressed to Sipho Alfred Nyundu who have an interest in the following vehicle (Property):
          Stand No 386 Clau-Clau Mbuyane Traditional Council, KaBokweni
          Take notice that:
          1           The National Director of Public Prosecutions (the National Director) has obtained a preservation of
property order (the Order), a copy of which is attached to this notice, in terms of section 38(2) of POCA in respect of
the property;
          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 advised that the National Director will, within 90 days of publication of this notice, apply to the
court under section 48 of 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 opposing the application for a forfeiture order, or you intend applying 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
POCA. An appearance must comply with these requirements;
          5          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 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 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 72 hours notice 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 applying for reconsideration of the preservation order
in this case, you must in addition comply with paragraphs 4 and 5 above if you intend opposing the forfeiture application
subsequently. Failure to do so can result in a forfeiture order being granted against 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:
          Dated at Mbombela on this ……………. day of October 2023

         _________________________
         The State Attorney, Mbombela
         Applicant's attorney of record

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

Source