1) Nomachina Hlongwa, who is currently incarcerated at Johannesburg Female
Court order seizes property linked to crime · Published 2024-02-09 · What is a POCA?
- Party
- 1) Nomachina Hlongwa, who is currently incarcerated at Johannesburg Female
- Date
- 2023-08-07
Case
- Case number
- 2023-076223
- Court
- Gauteng
Parties addressed
- 1) Nomachina Hlongwa, who is currently incarcerated at Johannesburg Female
Asset description
1. A Black Mercedes Benz motor vehicle with registration number ZVL 998 GP, VIN/chassis number WDD2042452F521030, engine number 27191031326564 held by the SAPS at Lyttelton vehicle pound registered under SAP 13/379/2022, with criminal case docket Lyttelton CAS 258/07/2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
From the gazette
BY THE COURT.
Counsel for the Applicant: Adv Brendan Smith
Attorneys for the Applicant: Innes R Steenekamp Attorneys
Unit 3, 12 Victoria Link Road, Route 21 Corporate Park, Irene, Pretoria, Gauteng. E-mail: innes@irsattorneys.co.za;
pa2@irsattorneys.co.za. Cell: 060 828 6271.
Innes R Steenekamp Attorneys, Unit 3, 12 Victoria Link Road, Route 21 Corporate Park, Irene, Pretoria,
Gauteng. Tel: 0608286271. E-mail: innes@irsattorneys.co.za.
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Case No: 2023-076223
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-08-07, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A Black Mercedes Benz motor vehicle with registration letters and numbers ZVL 998 GP, VIN/chassis number
WDD2042452F521030, engine number 27191031326564. The property is held by the SAPS at Lyttelton Police vehicle
pound registered under SAP 13/379/2022 with criminal case docket Lyttelton CAS 258/07/2022.
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 Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (Gauteng
Division, Pretoria) on 07 August 2023 in case number 2023-076223, in relation to: 1. A Black Mercedes Benz motor
vehicle with registration number ZVL 998 GP, VIN/chassis number WDD2042452F521030, engine number
27191031326564 held by the SAPS at Lyttelton vehicle pound registered under SAP 13/379/2022, with criminal case
docket Lyttelton CAS 258/07/2022.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
This notice is addressed to: 1) Nomachina Hlongwa, who is currently incarcerated at Johannesburg Female
Correctional Center, Gauteng Province and all persons who may have an interest in the property described above.
Take notice that:
1. 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.
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 an forfeiture order. The preservation order will remain in force until the application for
a forfeiture order is finalised, 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 are also dealt with in sections 39(3), (4) and (5) of the Act. 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 section 39(4) for the entry of an appearance
referred to 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 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 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 Act.
7. 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.
8. 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.
9. 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 addresses: THE STATE ATTORNEY: Mr K
Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
This gazette is also available free online at www.gpwonline.co.za
30 No. 50100 GOVERNMENT GAZETTE, 9 February 2024