Evans Maponya residing at Stand No
Court order seizes property linked to crime · Published 2023-12-22 · What is a POCA?
- Party
- Evans Maponya residing at Stand No
- Date
- 2023-01-25
Case
- Case number
- 11081/2023
- Court
- Limpopo Local Division,
Parties addressed
- Evans Maponya residing at Stand No
Asset description
a white Toyota Tazz with registration numbers FNZ 723 L (Chassis number AHT54EE900A017065 and Engine number 2E5043721) seized by members of the South African Police Service at the Mankweng policing area on 25 January 2023 under case docket Mankweng CAS 685/01/2023 and held at Mankweng police station with reference SAP 13 105/2023(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.
From the gazette
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 November 2023 in case number 11081/2023 in relation to: a white Toyota Tazz with registration
numbers FNZ 723 L
(Chassis number AHT54EE900A017065 and Engine number 2E5043721) seized by members of the South African
Police Service at the Mankweng policing area on 25 January 2023 under case docket Mankweng CAS 685/01/2023
and held at Mankweng police station with reference SAP 13 105/2023(a copy of the application and order can be
obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to Evans Maponya residing at Stand No. 51, Tjatjaneng, Ga-Mothapo, 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-51/23/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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 22 Desember 2023 No. 49930 35
Case No: 2052/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-03-08, Before the Honourable: Mthimkhulu AJ
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a white Toyota Corolla with registration number HPK844NW, Chassis number AHT53AE9409964891 and
Engine number 4AL011896 seized members of the South African Police Services in the Muswodi policing area
on 01 June 2020 under case docket Muswodi CAS 02/06/2020 with reference SAP 13/87/2020 and held at the
South African Revenue Service Warehouse in Musina.
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998