Oarabile Koboditsile duly represented by M Moshidi Inc Attorneys with offices
Court order seizes property linked to crime · Published 2023-11-10 · What is a POCA?
- Party
- Oarabile Koboditsile duly represented by M Moshidi Inc Attorneys with offices
- Date
- 2023-09-07
Case
- Case number
- M499/2023
Parties addressed
- Oarabile Koboditsile duly represented by M Moshidi Inc Attorneys with offices
Asset description
A Blue Toyota Runx Hatchback Motor Vehicle with Registration number B364BKG, Chassis number NZE1215065360 and Engine number 1NZA944343, seized at Mahikeng and held by SAPS Mahikeng under CAS:90/02/2023 (a copy of the application and order can be obtained from the person mentioned in Par 9 hereunder).
From the gazette
Case No: M499/2023
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: A Blue Toyota Runx Hatchback Motor Vehicle with Registration number B364BKG, Chassis number
NZE1215065360 and Engine number 1NZA944343, seized at Mahikeng and held by SAPS Mahikeng under CAS:
90/02/2023.
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 M499/2023, in relation to: A Blue Toyota Runx
Hatchback Motor Vehicle with Registration number B364BKG, Chassis number NZE1215065360 and Engine number
1NZA944343, seized at Mahikeng and held by SAPS Mahikeng under CAS:90/02/2023 (a copy of the application and
order can be obtained from the person mentioned in Par 9 hereunder).
This notice is addressed to: Oarabile Koboditsile duly represented by M Moshidi Inc Attorneys with offices
situated at number 2280 Molebatsi Street, Unit 1, Mmabatho 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.
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: Ms Ndabeni.
National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road, Mmabatho, 2735. E-mail: MMahlafore@npa.gov.za. Tel: 018-381-9017.
----------oo0oo----------
This gazette is also available free online at www.gpwonline.co.za
34 No. 49616 GOVERNMENT GAZETTE, 10 November 2023