Madimetja Nicodimus Makhafola of House no
Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?
- Party
- Madimetja Nicodimus Makhafola of House no
Case
- Case number
- 5811/2023
- Court
- Limpopo Local
Parties addressed
- Madimetja Nicodimus Makhafola of House no
Asset description
A Black Ford Fiesta motor vehicle (a Gold Ford Fiesta as described in the eNatis) with Registration number CJD 773L, Chassis number AFBEY24BR330058 and Engine number 7F001316 seized by the members of the SAPS Mokopane, held at Mokopane Police Pound with Reference SAP13 704/2020 (a copy of the application and order can be obtained from the person mentioned in Par 10 hereunder). 1)
From the gazette
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 46/23/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.
KMapila@npa.gov.za. Tel: 015 045 0289.
----------oo0oo----------
Case No: 5811/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-06-30, Before the Honourable: Justice M G Phatudi, in Chambers
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A Black Ford Fiesta motor vehicle (a Gold Ford Fiesta as described in the eNatis) with Registration
number CJD 773L, Chassis number AFBEY24BR330058 and Engine number 7F001316 seized by the members of the
SAPS Mokopane, held at Mokopane Police Pound with reference SAP13 704/2020.
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 30th day of June 2023 in Case number 5811/2023, in relation to: A Black Ford Fiesta motor
vehicle (a Gold Ford Fiesta as described in the eNatis) with Registration number CJD 773L, Chassis number
AFBEY24BR330058 and Engine number 7F001316 seized by the members of the SAPS Mokopane, held at Mokopane
Police Pound with Reference SAP13 704/2020 (a copy of the application and order can be obtained from the person
mentioned in Par 10 hereunder).
1) This notice is addressed to: Madimetja Nicodimus Makhafola of House no. 7886, Extension 19, Mokopane,
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
This gazette is also available free online at www.gpwonline.co.za
40 No. 49834 GOVERNMENT GAZETTE, 8 December 2023