Gift Mafukise who is an illegal emmigrant deported back to Zimbabwe, or
Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?
- Party
- Gift Mafukise who is an illegal emmigrant deported back to Zimbabwe, or
- Date
- 2024-02-13
Case
- Case number
- 2023-12097
- Court
- Gauteng
Parties addressed
- Gift Mafukise who is an illegal emmigrant deported back to Zimbabwe, or
Identifiers
- Cash amount
- R40 000
From the gazette
Case No: 2023-120971
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division, Pretoria)
Pretoria, 2024-02-13, The Honorable Justice Ledwaba AP
NDPP
In re: An amount of R40 000-00 held in SAPS suspense Account with taking account,with taking number 163226695
and receipt number 29546838.
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, Pretoria) on 13 February 2024 in Case number 2023-12097 in re: An amount of R40 000-00 held in the South
African Polices Services Suspense account, with taking Number 163226695 and receipt Number 29546838 (a copy of
the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to: Gift Mafukise who is an illegal emmigrant deported back to Zimbabwe, or any other person
who might have an interest in the cash.
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 address: THE STATE ATTORNEY:
Mr K Kgaphola , SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag
X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax No: 012 309 1649/50. E-mail:
kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za.
National Prosecuting Authority (Order no: (030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: ClSibiya@npa.gov.za. Tel: (012) 845-6368.
Date Submitted: 2024-02-29.
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This gazette is also available free online at www.gpwonline.co.za
40 No. 50259 GOVERNMENT GAZETTE, 8 March 2024