Solomon Khoza and all other persons who have an interest in the sum of
Court order seizes property linked to crime · Published 2024-02-23 · What is a POCA?
- Party
- Solomon Khoza and all other persons who have an interest in the sum of
- Date
- 2024-02-02
Case
- Case number
- 2024/004732
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Solomon Khoza and all other persons who have an interest in the sum of
Asset description
The sum of R3000 in cash seized by members of the South African Police Service on 1 December 2016 under Mondeor CAS 08/12/2016 1
From the gazette
BY THE COURT
REGISTRAR
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Case No: 2024/004732
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-02-02, BEFORE THE HONOURABLE JUSTICE WILSON J
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R3000 in cash seized by members of the South African Police Service on 1 December 2016
under Mondeor CAS 08/12/2016
AN APPLICATION IN TERMS OF SECTION 38 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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 02 February 2024 in case number 2024/004732 in relation to:
The sum of R3000 in cash seized by members of the South African Police Service on 1 December 2016 under
Mondeor CAS 08/12/2016
1 This notice is addressed to Solomon Khoza and all other persons who have an interest in the sum of
R3000 in cash seized by the South Africa Police Service on 1 December 2016 and held under criminal docket Midrand
CAS 08/12/2016 (the property).
Take notice that:
2 The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the order) in terms of section 38(2) of the POCA in respect of the property.
3 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.
4 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.
5 If you intend to oppose the application for a forfeiture, 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 POCA. An appearance must comply with these requirements.
6 Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA
for entry of an appearance referred to in paragraph 5 above.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 23 Februarie 2024 No. 50182 41
7 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.
8 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.
9 Whenever the 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 MM Mahloko
10th Floor, North State Building
95 Albertina Sisulu Street
Cnr Kruis Street
JOHANNESBURG
Tel: (011) 220 4087
Email: MeMahloko@npa.gov.za
Ref: 2023/P14/(Khoza S)
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Case No: D6336/2023
IN THE HIGH COURT OF SOUTH AFRICA
(KwaZulu - Natal Division- DURBAN)
DURBAN, 2024-01-15, BEFORE THE HONOURABLE JUDGE BEDDERSON
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS,APPLICANT
In re: White Isuzu KB 250D LE Pick-Up with licence number: NUZ4535, chassis number: ADMTFR54S5G408198,
engine number: 4JA1511517 and register number: KKM150S held by the Cato Manor police Station
NOTICE IN TERMS OF SECTION 50(5) OF THE PREVENTION OF ORGANISED CRIME ACT, 121 OF 1998
(POCA)
The National Director of Public Prosecutions applied for and was granted a forfeiture order in terms of Section
50 of the Prevention of Organised Crime Act, No.121 of 1998 (the POCA) in the High Court of South Africa, KwaZulu
- Natal Local Division, Durban on 15 January 2024 in case number D6336 / 2023 in relation to: white Isuzu KB 250D
LE Pick-Up with licence number: NUZ4535, chassis number: ADMTFR54S5G408198, engine number: 4JA1511517
and register number: KKM150S held by the Cato Manor police Station (the property) [a copy of the application and
order can be obtained from the person mentioned in paragraph 7 hereunder].
This notice is addressed to JOHN THOBELA and all persons who are described in paragraph 4 below.
Take notice that:
1 The property mentioned above which was subject to a preservation of property order was forfeited to the
state.
2 In terms of Section 56(3) of the POCA, Keith Lawrence Green is authorised to assume control of the property
and take it into his custody.
3 After this forfeiture order takes effect Keith Lawrence Green is directed to sell the property, deduct his fees
and expenditure from the proceeds of such sale and deposit the balance into the Criminal Assets Recovery Account
established in terms of Section 63 of the POCA.
4 Any person affected by the forfeiture order and who was entitled to receive notice of the application under
Section 48(2) but who did not receive such notice, may within 45 days after the publication of the notice of the forfeiture
order in the Gazette, apply for an order under Section 54 of the POCA excluding his or her interest in the property, or
varying the operation of the order in respect of the property.
5 If you are a person referred to in paragraph 4 above, you are advised to obtain legal advice on whether your
interest can be protected and, if so, on how to protect it.
6 In terms of Section 57(3) of the POCA, no person who had possession of the forfeited property or was ntitled
to possession before the forfeiture order took effect, or any person acting in concert with or on behalf of that person,
can purchase the forfeited property at any sale held by Keith Lawrence Green.
This gazette is also available free online at www.gpwonline.co.za
42 No. 50182 GOVERNMENT GAZETTE, 23 February 2024