Moropane D with postal address at Po Box 2275, Acornhoek, 1360; and to all

Court order seizes property linked to crime · Published 2024-02-16 · What is a POCA?

Party
Moropane D with postal address at Po Box 2275, Acornhoek, 1360; and to all
Date
2022-10-08

Case

Case number
8531/2023
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Moropane D with postal address at Po Box 2275, Acornhoek, 1360; and to all

Asset description

an This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 16 Februarie 2024 No. 50139 29

From the gazette

          Any correspondence or other enquiries must also be directed to this address or contact number.
                                                    ----------oo0oo----------
                                                                                           Case No: 8531/2023
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                    (LIMPOPO LOCAL DIVISION, POLOKWANE)
                 POLOKWANE, 2023-10-16, Before the Honourable: Acting Judge Pillay, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: an orange Isuzu KB bakkie with registration numbers JSH 698 MP (Chassis number
 ADM2RD86B73445974 and Engine number 4JK1611019) seized by members of the South African Police
 Services at the Phalaborwa policing area on 8 October 2022 under case docket Phalaborwa CAS 47/10/2022
 and held at Phalaborwa police station with reference SAP 13 366/2022; and b) a white Renault Kwid Motor
 Vehicle with registration numbers FKL 865 L (Chassis number MEEBBA00000705874 and Engine number
 B4DA404E200956) seized by members of the South African Police Services at the Phalaborwa policing area on
 8 October 2022 under case docket Phalaborwa CAS 47/10/2022 and held at Phalaborwa police station with
 reference
     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 16th day of October 2023 in case number 8531/2023 in relation to: an

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 16 Februarie 2024                                         No. 50139   29

orange Isuzu KB bakkie with registration numbers JSH 698 MP (Chassis number ADM2RD86B73445974 and Engine
number 4JK1611019) seized by members of the South African Police Services at the Phalaborwa policing area on 8
October 2022 under case docket Phalaborwa CAS 47/10/2022 and held at Phalaborwa police station with reference
SAP 13 366/2022; and b) a white Renault Kwid Motor Vehicle with registration numbers FKL 865 L (Chassis number
MEEBBA00000705874 and Engine number B4DA404E200956) seized by members of the South African Police
Services at the Phalaborwa policing area on 8 October 2022 under case docket Phalaborwa CAS 47/10/2022 and held
at Phalaborwa police station with reference SAP 13 367/2022 (a copy of the application and order can be obtained
from the person mentioned in par 10 hereunder).
           1. This notice is addressed to Moropane D with postal address at Po Box 2275, Acornhoek, 1360; 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-40/23/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.
                                                   ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 50139                        GOVERNMENT GAZETTE, 16 February 2024

Source