Kingsley Nkurwane Rahlano

Court order seizes property linked to crime · Published 2023-11-17 · What is a POCA?

Party
Kingsley Nkurwane Rahlano
Date
2021-03-10

Case

Case number
6887/2023
Court
Limpopo

Parties addressed

  • Kingsley Nkurwane Rahlano

Asset description

A white Nissan light load motor vehicle with registration numbers CC39DN GP, Chassis number Y056993 and Engine number 224184743W seized by members of the South African Police Service around Atok mining area on 10 March 2021 under case docket Apel Cas 64/03/2021 and held at Malipsdrift police pound with reference Malipsdrift SAP13/50/2021. (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

                                                                                                            Case No: 6887/2023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (LIMPOPO LOCAL DIVISION, POLOKWANE)
                     POLOKWANE, 2023-08-04, Before the Honourable: Judge NAUDE - ODENDAAL
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a white Nissan light load motor vehicle with Registration numbers CC39DN GP, Chassis number Y056993 and
Engine number 224184743W seized by members of the South African Police Service around Atok mining area on 10
March 2021 under case docket Apel Cas 64/03/2021 and held at Malipsdrift police pound with reference Malipsdrift
SAP13/50/2021.
     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 04th day of August 2023 in case number 6887/2023, in relation to: A white
         Nissan light load motor vehicle with registration numbers CC39DN GP, Chassis number Y056993 and Engine
         number 224184743W seized by members of the South African Police Service around Atok mining area on
         10 March 2021 under case docket Apel Cas 64/03/2021 and held at Malipsdrift police pound with reference
         Malipsdrift SAP13/50/2021. (a copy of the application and order can be obtained from the person mentioned in
         par 10 hereunder).
1. This notice is addressed to Kingsley Nkurwane Rahlano, residing at Stand number 109 Magokolotjaneng Taung,
         Burgersfort, 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 29/23/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:
KMapila@npa.gov.za. Tel: 015 045 0289.

                                  This gazette is also available free online at www.gpwonline.co.za
52  No. 49718                      GOVERNMENT GAZETTE, 17 November 2023

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