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Sibongiseni Sihawu - of Ndabakazi, Mtshoveni Administrative Area, Eastern

Court order seizes property linked to crime · Published 2024-01-12 · What is a POCA?

Party
Sibongiseni Sihawu - of Ndabakazi, Mtshoveni Administrative Area, Eastern
Date
2023-10-17

Case

Case number
4105/2023

Parties addressed

  • Sibongiseni Sihawu - of Ndabakazi, Mtshoveni Administrative Area, Eastern

Asset description

A SILVER VW POLO WITH REGISTRATION NUMBER AND LETTER JVC 258 EC, CHASSIS/VIN NO AAVZZZ6RZKU029432 AND ENGINE NO. CLP334659 THAT WAS SEIZED ON 26 SEPTEMBER 2003 BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE 26 SEPTEMBER 2023 BY MEMBERS OF SOUTH AFRICAN POLICE SERVICE HELD UNDER BUTTERWORTH CAS 161/09/2023

From the gazette

 
           2.        The Respondent is ordered to pay the costs of this hearing on 3 October 2023.
                                                     ----------oo0oo----------
                                                                                                              Case No: 4105/2023
                                                                                                                P/H or Docex Nr:
                                                                                                          0475029900/0834070797
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                        (EASTERN CAPE LOCAL DIVISION, MTHATHA)
                                             MTHATHA, 2023-10-17, JUDGE LAING
                   THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and SIBONGISENI SIHAWU
  In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
  RESPECT OF ACT 121 OF 1998 IN RESPECT OF A SILVER VW POLO WITH REGISTRATION NUMBER AND
  LETTER JVC 258 EC, CHASSIS/VIN NO AAVZZZ6RZKU029432 AND ENGINE NO. CLP334659 THAT WAS SEIZED
  ON 26 SEPTEMBER 2003 BY MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE 26 SEPTEMBER 2023 BY
  MEMBERS OF SOUTH AFRICAN POLICE SERVICE HELD UNDER BUTTERWORTH CAS 161/09/2023.
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
            The National Director of Public Prosecutions applied for and was granted a preservation of property order in
  terms of section 38 of the Organised Crime Act, No.121 of 1998 in the High Court of South African ( Eastern Cape
  Local Division, Mthatha) on 17 October 2023 in Case number 4105/2023, in relation to A SILVER VW POLO WITH
  REGISTRATION NUMBER AND LETTER JVC 258 EC, CHASSIS/VIN NO AAVZZZ6RZKU029432 AND ENGINE NO.
  CLP334659 THAT WAS SEIZED ON 26 SEPTEMBER 2003 BY MEMBERS OF THE SOUTH AFRICAN POLICE
  SERVICE 26 SEPTEMBER 2023 BY MEMBERS OF SOUTH AFRICAN POLICE SERVICE HELD UNDER
  BUTTERWORTH CAS 161/09/2023
            This notice is addressed to Sibongiseni Sihawu - of Ndabakazi, Mtshoveni Administrative Area, Eastern
  Cape Province and all persons who may have an interest.
            TAKE NOTICE THAT:
            1. If you have 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.
            2. 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 a forfeiture order. The preservation order will remain in force until the application
  for a forfeiture order is finalized, and until any forfeiture order that is made is satisfied.
            3. 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 also are dealt with in section 39(4) and (5) of the
  POCA. An appearance must comply with these requirements and must be delivered to the office of the State Attorney
  at the address mentioned in paragraph 9 below.
             4.Your attention is specifically drawn to the 14 day time limit prescribed in the section 39(4) for the entry of
  an appearance referred in paragraph 3 above.
             5. 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 by the applicant for a forfeiture order in respect of the property.
            6. 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 application for a forfeiture order and you will not be entitled to appear at the hearing of the

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18  No. 49981                        GOVERNMENT GAZETTE, 12 January 2024

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