Phillip Fanyana Ntuli

Court order seizes property linked to crime · Published 2023-11-24 · What is a POCA?

Party
Phillip Fanyana Ntuli

Case

Case number
9691/2023
Court
Limpopo

Parties addressed

  • Phillip Fanyana Ntuli

Asset description

a white Nissan NP200 motor vehicle bearing registration numbers CB 49 TT GP, Chassis number AAPV0341780638370, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal policing area under case docket Hoopdal CAS 25/10/2021 and held at Thabazimbi police station with reference number SAP 13 68/2021 and a Silver- Grey Toyota Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number MHKM5FA2N0K008909, seized by the South African Police Service offici

From the gazette

b) A Silver-Grey Toyota Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number
MHKM5FA2N0K008909, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal
policing area under case docket Hoopdal CAS 25/10/2021 and held at Thaba
      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 0of 1998 in the High Court of South Africa (Limpopo
Local Division, Polokwane) on the 20th day of October 2023 in case number 9691/2023 in relation to: a white Nissan
NP200 motor vehicle bearing registration numbers CB 49 TT GP, Chassis number AAPV0341780638370, seized by
the South African Police Service officials on 30 October 2021 in the Hoopdal policing area under case docket
Hoopdal CAS 25/10/2021 and held at Thabazimbi police station with reference number SAP 13 68/2021 and a Silver-
Grey Toyota Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number
MHKM5FA2N0K008909, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal
         policing area under case docket Hoopdal CAS 25/10/2021 and held at Thabazimbi police station with reference
         number SAP 13 68/2021 (a copy of the application and order can be obtained from the person mentioned in par
         10 hereunder).
1. This notice is addressed to Phillip Fanyana Ntuli, residing at 27 Browning Street, Johannesburg, Gauteng Province,
         N Mushtaq, residing at 17 Nehru Road, Ladysmith, Kwa Zulu Natal Province and Standard Bank situated at 9th
         Floor, Standard Bank Centre, 5 Simmons Street, Johannesburg, Gauteng 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-43/23/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 0195.
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40  No. 49760                       GOVERNMENT GAZETTE, 24 November 2023

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