Mr Wolde Sulore Ayele

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

Party
Mr Wolde Sulore Ayele
Date
2021-08-12

Case

Case number
8752/2023
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Mr Wolde Sulore Ayele

Asset description

A a 2014 white Toyota Quantum (2.7P-14S Commuter) with registration number CW 19 CM GP seized by the members of the South African Police Service in the Giyani police area on 12 August 2021 under case docket Giyani CAS 217/08/2021 and held at Giyani SAPS pound with reference SAP13/743/2021.(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

           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 applic ant, 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
10/23/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: 0150450195.
           Date Submitted: 2023-11-29.
                                                   ----------oo0oo----------
                                                                                                       Case No: 8752/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
                 POLOKWANE, 2023-10-13, Before the Honourable: Justice M G Phatudi, in Chambers
                         THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a 2014 white Toyota Quantum (2.7P-14S Commuter) with registration number CW 19 CM GP seized by the
members of the South African Police Service in the Giyani police area on 12 August 2021 under case docket Giyani
CAS 217/08/2021 and held at Giyani SAPS pound with reference SAP13/743/2021.
    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 0of 1998 in the High Court of South Africa
(Limpopo Local Division, Polokwane) on the 13TH day of October 2023 in case number 8752/2023 in relation to: A a
2014 white Toyota Quantum (2.7P-14S Commuter) with registration number CW 19 CM GP seized by the members of
the South African Police Service in the Giyani police area on 12 August 2021 under case docket Giyani CAS
217/08/2021 and held at Giyani SAPS pound with reference SAP13/743/2021.(a copy of the application and order can
be obtained from the person mentioned in par 10 hereunder).
          1. This notice is addressed to: Mr Wolde Sulore Ayele, whose last known address is at House no.12
Makhambani, Bushbuckridge.
          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.

                                This gazette is also available free online at www.gpwonline.co.za
44  No. 49834                        GOVERNMENT GAZETTE, 8 December 2023

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