Nthanyiseni Godfrey Rambelani currently residing at No 6431 Skyvovo, next to Nyamelani

Court order seizes property linked to crime · Published 2023-12-22 · What is a POCA?

Party
Nthanyiseni Godfrey Rambelani currently residing at No 6431 Skyvovo, next to Nyamelani
Date
2020-06-01

Case

Case number
2052/2023
Court
Limpopo Local

Parties addressed

  • Nthanyiseni Godfrey Rambelani currently residing at No 6431 Skyvovo, next to Nyamelani

Asset description

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.(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 8th day of March 2023 in case number 2052/2023 in relation to: 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.(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to Nthanyiseni Godfrey Rambelani currently residing at No 6431 Skyvovo, next to Nyamelani
Primary School, Madombidzha village, 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 06/23/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
36  No. 49930                       GOVERNMENT GAZETTE, 22 December 2023

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