Nandipha Siwa and all other persons who have an interest in a Mercedes Benz

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

Party
Nandipha Siwa and all other persons who have an interest in a Mercedes Benz
Date
2023-09-06

Case

Case number
2023/085126
Court
Gauteng Division, Johannesburg

Parties addressed

  • Nandipha Siwa and all other persons who have an interest in a Mercedes Benz

Asset description

Mercedes Benz E320 with registration number YGV324GP, Chassis number WDB2100652A954031, engine number 11294130518491 seized by members of the Johannesburg Metropolitan Police Department on 17 November 2022 under Mondeor CAS 299/11/2022 and currently held in Aeroton, Johannesburg under reference number SAP13/3399/2022

From the gazette

          North State Building
          99 Albert Sisulu Street, Cnr Kruis Street
          Johannesburg
          Private Bag X 9
          Tel: (011) 220 4121
          Email: EMachethe@npa.gov.za
          Ref: Mr E Machethe/P14 Minchev Z
          Any correspondence or other enquiries must also be directed to this address or contact number.
                                                    ----------oo0oo----------
                                                                                                    Case No: 2023/085126
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
                  JOHANNESBURG, 2023-09-06, BEFORE THE HONOURABLE JUSTICE TWALA
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: Mercedes Benz E320 with registration number YGV324GP, Chassis number WDB2100652A954031,
 engine number 11294130518491 seized by members of the Johannesburg Metropolitan Police Department on
 17 November 2022 under Mondeor CAS 299/11/2022 and currently held in Aeroton, Johannesburg under
 reference number SAP13/3399/2022
    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, Johannesburg) on 06 September 2023 in case number 2023/085126 in relation to:

           Mercedes Benz E320 with registration number YGV324GP, Chassis number WDB2100652A954031, engine
 number 11294130518491 seized by members of the Johannesburg Metropolitan Police Department on 17 November
 2022 under Mondeor CAS 299/11/2022 and currently held in Aeroton, Johannesburg under reference number
 SAP13/3399/2022
           This notice is addressed to Nandipha Siwa and all other persons who have an interest in a Mercedes Benz
 E320 with registration number YGV324GP, Chassis number WDB2100652A954031, engine number 11294130518491
 seized by members of the Johannesburg Metropolitan Police Department on 17 November 2022 under Mondeor CAS
 299/11/2022 and currently held in Aeroton, Johannesburg under reference number SAP13/3399/2022 (the property):
           Take notice that:
           1 The National Director of Public Prosecutions (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 the 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 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;
           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 in sections 39(3), (4) and (5) of
 the 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;

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 10 November 2023                                        No. 49616   27

          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     In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours'
notice set down the matter for reconsideration;
          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
          Attorneys for Applicant
          10th Floor
           North State Building
          99 Albertina Sisulu Street, Cnr Kruis Street
          Johannesburg
          Private Bag X 9
          Johannesburg
          Tel: (011) 220 4087
          Email: MeMahloko@npa.gov.za
          Ref: Mr M Mahloko/P14 Maeda
                                                  ----------oo0oo----------
                                                                                             Case No: 2023/082966
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
                    JOHANNESBURG, 2023-08-31, BEFORE THE HONOURABLE JUSTICE MIA
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R10500 in cash deposited into the South African Police Finance Account under taking number
112443591 and purpose receipt number 2251375 seized by Johannesburg Metropolitan Police Department on
19 August 2020 under Tembisa CAS 376/08/2020 and SAP 13/1558/2020
   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, Johannesburg) on 31 August 2023 in case number 2023/082966 in relation to:

Source