Mr Oupa Mashishi, an adult male person at P

Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?

Party
Mr Oupa Mashishi, an adult male person at P
Date
2023-05-21

Case

Case number
8430/2023
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Mr Oupa Mashishi, an adult male person at P

Asset description

a white Toyota Hilux 3.0 4x2 single cab with registration number FKW 645 L and chassis number AHTCZ39G805011581 anf engine number 1KD5014271 seized by the members of the South African Police Service in the Malebogo Police area on 21 May 2023 under case docket Malebogo Enquiry 03/05/2023 and held at Seshego VSS SAP 13 Pound with reference SAP13/114/2023.(a copy of the application and order can be obtained from the person mentioned in Par 10 hereunder). 1)

From the gazette

          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 19/23/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.
 Date Submitted: 2023-11-29.
                                                    ----------oo0oo----------
                                                                                                          Case No: 8430/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
                POLOKWANE, 2023-09-19, Before the Honourable: Judge Naude - Odendaal, in Chambers
                               THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
            In re: A white Toyota Hilux 3.0 4x2 single cab with registration number FKW 645 L and chassis number
 AHTCZ39G805011581 and engine number 1KD5014271 seized by the members of the South African Police Service
 in the Malebogo Police area on 21 May 2023 under case docket Malebogo Enquiry 03/05/2023 and held at Seshego
 VSS SAP 13 Pound with reference SAP13/114/2023..
     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 19th day of September 2023 in case number 8430/2023, in relation to: a
 white Toyota Hilux 3.0 4x2 single cab with registration number FKW 645 L and chassis number AHTCZ39G805011581
 anf engine number 1KD5014271 seized by the members of the South African Police Service in the Malebogo Police
 area on 21 May 2023 under case docket Malebogo Enquiry 03/05/2023 and held at Seshego VSS SAP 13 Pound with
 reference SAP13/114/2023.(a copy of the application and order can be obtained from the person mentioned in Par 10
 hereunder).
            1) This notice is addressed to: Mr Oupa Mashishi, an adult male person at P.O. Box 498, Makhado, 0920;
                 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 8 Desember 2023                                          No. 49834   41

           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- /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.
           Date Submitted: 2023-11-29.
                                                   ----------oo0oo----------
                                                                                                          Case No: 5810/2023
                                         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 white Nissan Diesel heavy load vehicle with registration number KT40NBGP, Chassis number
ADDT6700000008299 and engine number FE6212136B seized by members of the South African Police Service in the
Polokwane policing area on 23 September 2022, under case docket Polokwane CAS 483/09/2022 and held at the
Polokwane police pound under SAP 13 790/2022.
    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 30th day of June 2023 in Case number 5810/2023, in relation to: A white Nissan Diesel
heavy load vehicle with registration number KT40NBGP, Chassis number ADDT6700000008299 and Engine number
FE6212136B seized by members of the South African Police Service in the Polokwane policing area on 23 September
2022, under case docket Polokwane CAS 483/09/2022 and held at the Polokwane police pound under SAP 13
790/2022 (a copy of the application and order can be obtained from the person mentioned in Par 10 hereunder).
          1. This notice is addressed to Mbedzi Rufuno Suzan, residing at Stand number 214 Diepsloot, Randburg,
Gauteng Province and to all other persons who may have an interest in the property described above.
          Take notice that:

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