Potgieter Sand Stone and Civils situated at 54 Kudu Road, Hoedspruit

 SYMINGTON DE KOK ATTORNEYS,                     169B    NELSON        MANDELA       DRIVE,     BLOEMFONTEIN.     E-mail:
 gdutoit@symok.co.za. Tel: 051 505 6600.
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                                                                                                 Case No: 9690/2023
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                     (LIMPOPO LOCAL DIVISION, POLOKWANE)
                 POLOKWANE, 2023-10-20, Before the Honourable: Acting Judge Marais, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: (a) A yellow Rondebult excavator with serial numbers CDM 6225H Capacity 133KW seized by members
 of the South African Police Services at the Maake policing area on 3 September 2021 under case docket Maake
 CAS 21/09/2021 and held at Tzaneen police station with reference SAP 13 106/2021;
 (b) a white Tata Novus V3TVF truck with registration number FNC 650 L (Chassis number KLV43TVF16K004453
 and Engine number DV15TIS601185CB) seized by members of the South African Police Services at the Maake
 policing area on 3 September 2021 under case docket M.
     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 of 1998 in the High Court of South Africa (Limpopo Local
 Division, Polokwane) on the 20th day of October 2023 in Case number 9690/2023, in relation to: A yellow Rondebult

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                                         STAATSKOERANT, 17 November 2023                                         No. 49718   49

excavator with serial numbers CDM 6225H Capacity 133KW seized by members of the South African Police Services
at the Maake policing area on 3 September 2021 under case docket Maake CAS 21/09/2021 and held at Tzaneen
police station with reference SAP 13 106/2021, a white Tata Novus V3TVF truck with Registration number FNC 650 L
(Chassis number KLV43TVF16K004453 and Engine number DV15TIS601185CB) seized by members of the South
African Police Services at the Maake policing area on 3 September 2021 under case docket Maake CAS 21/09/2021
and held at Tzaneen police station with reference SAP 13 107/2021, a green 2014 Afrit Tubmaster tipper trailer with
Registration number FTB 756 L (Chassis number ADV17609AD40T3844) seized by members of the South African
Police Services at the Maake policing area on 3 September 2021 under case docket Maake CAS 21/09/2021 and
held at Tzaneen police station with reference SAP 13 108/2021 and a green 2014 Afrit Tubmaster tipper trailer with
registration number FTB 758 L (Chassis number ADV17609AD41T3845) seized by members of the South African
Police Services at the Maake policing area on 3 September 2021 under case docket Maake CAS 21/09/2021 and
held at Tzaneen police station with reference SAP 13 108/2021(a copy of the application and order can be obtained
from the person mentioned in par 10 hereunder).
           1. This notice is addressed to: Potgieter Sand Stone and Civils situated at 54 Kudu Road, Hoedspruit,
Limpopo Province and JH Potgieter Bouer, situated at 54 Kudu Road, Hoedspruit, Limpopo 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.
           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-
44/23/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.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: KMasekoameng@npa.gov.za. Tel: 015 045 0195.
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50  No. 49718                         GOVERNMENT GAZETTE, 17 November 2023