Joseph Kusekwa of OOdi Mantengu , Gaborone , Botswana and Ezihlanu

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

Party
Joseph Kusekwa of OOdi Mantengu , Gaborone , Botswana and Ezihlanu
Date
2023-08-17

Case

Case number
M441/2023
Court
FREE STATE DIVISION HELD AT BLOEMFONTEIN

Parties addressed

  • Joseph Kusekwa of OOdi Mantengu , Gaborone , Botswana and Ezihlanu

Asset description

1 A silver grey VOLVO FH 480 truck heavy load vehicle with Chassis number YV2ASWOD49M885173, engine number D13191776, Licence number 48569990 and registration number B 469 BIM, 2 A HENRED FRUEHAUF Box Body trailer with vehicle register number BRH864C, Vin number H25771 and licence number KGR 153 MP, and 3 A HENRED FRUEHAUF Box Body trailer with register number DZB288A, Vin number H54382, and licence number KGR 155 MP seized by the South African Police Service on 21 July 2023 and held at Skilpads

From the gazette

            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 address:
            The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
 Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2.
                                                    ----------oo0oo----------
                                                                                        Case No: M441/2023
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION, MAHIKENG)
                    MMABATHO, 2023-08-17, BEFORE THE HONOURABLE JUSTICE REDDY AJ
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
  In re: 1 A silver grey VOLVO FH 480 truck heavy load vehicle with Chassis number YV2ASWOD49M885173,
            engine number D13191776, Licence number 48569990 and registration number B 469 BIM,
   2 A HENRED FRUEHAUF Box Body trailer with vehicle register number BRH864C, Vin number H25771 and
                                         licence number KGR 153 MP, and
 3 A HENRED FRUEHAUF Box Body trailer with register number DZB288A, Vin number H54382, and licence
 number KGR 155 MP seized by the South African Police Service on 21 July 2023 and held at Skilpadshek border
 post in the Soth African Revenue Service (SARS) Customs storage under Mots
  AN APPLICATION IN TERMS OF SECTION 38(1) OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
                                                      1998
  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 (North
 West Division, Mahikeng) on 17 August 2023 in case number M441/2023 in relation to:

           1 A silver grey VOLVO FH 480 truck heavy load vehicle with Chassis number YV2ASWOD49M885173,
 engine number D13191776, Licence number 48569990 and registration number B 469 BIM,
          2 A HENRED FRUEHAUF Box Body trailer with vehicle register number BRH864C, Vin number H25771 and
 licence number KGR 153 MP, and
          3 A HENRED FRUEHAUF Box Body trailer with register number DZB288A, Vin number H54382, and licence
 number KGR 155 MP seized by the South African Police Service on 21 July 2023 and held at Skilpadshek border post
 in the Soth African Revenue Service (SARS) Customs storage under Mots(a copy of the application and order can be
 obtained from the person mentioned in par 9 hereunder).

          This notice is addressed to Joseph Kusekwa of OOdi Mantengu , Gaborone , Botswana and Ezihlanu
 Properties (PTY0 LTd with its registered address of business being number 4 Lorenco Street, Malelane , Mpumalanga
 Province and any other 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 a 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

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 16 Februarie 2024                                       No. 50139   33

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 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 POCA.
           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 address:
           The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2.
                                                  ----------oo0oo----------
                                                                                                     Case No: 4357/2023
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                 (FREE STATE DIVISION HELD AT BLOEMFONTEIN)
                                       BLOEMFONTEIN, 2024-01-25, JJ MHLAMBI
            In the ex parte application of: SELOMO JOHN MBONGO (ID: 510601 5530 082), Applicant
                                             In re: IT IS ORDERED THAT:
         A rule nisi is issued calling on any interested person, who may choose to do so, to object by way of letter to
the Registrar, High Court, Free State Division, Bloemfontein, or by personally or by counsel appearing in Court on
return date, 28 March 2024 at 09h00 to the grant of the following order:

         PART A:
                   1.            A copy of this order is to be published in:
         1.1       The Sowetan or City Press;
         1.2       The Government Gazette.
         2.        A copy of this order and the rule nisi be served on the Department of Home Affairs.
         3.        Any concerned person is to appear before this Honourable Court before or on the 28 day of MARCH
2024 at 09h00 in order to give reasons why the order in paragraphs 4 to 5 should not be made final, failing which the
said order shall be a final order.

         PART B:
         4.       MLAHLEGI DANIEL MBONGO (ID: 830217 5646 084) be declared presumed to be dead;
         5.       The court orders the Department of Home Affairs to issue a death certificate within a period of Thirty
(30) days from the granting hereof ;

         6.        Further or alternative relief this Honourable Court deems meet;
                                                  ----------oo0oo----------

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

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