Malemela TD
Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?
- Party
- Malemela TD
- Date
- 2023-07-24
Case
- Case number
- 11118/2023
- Court
- Limpopo Local Division, Polokwane
Parties addressed
- Malemela TD
Asset description
a 2015 silver Toyota Corolla 1.6 AT with registration number KG 17 ZD GP seized by the members of the South African Police Service in the Musina police area on 24 July 2023 under case docket Musina Cas 287/07/2023 and held at Musina SAP 13 Pound with reference SAP13/833/2023 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1)
From the gazette
Case No: 11118/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-11-30, Before the Honourable: JUDGE AML PHATUDI, in Chambers
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A 2015 silver Toyota Corolla 1.6 AT with Registration number KG 17 ZD GP seized by the members of
the South African Police Service in the Musina police area on 24 July 2023 under case docket Musina Cas 287/07/2023
and held at Musina SAP 13 pound with reference SAP13/833/2023.
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 30 November 2023, in case number 11118/2023 in relation to: a 2015
silver Toyota Corolla 1.6 AT with registration number KG 17 ZD GP seized by the members of the South African Police
Service in the Musina police area on 24 July 2023 under case docket Musina Cas 287/07/2023 and held at Musina
SAP 13 Pound with reference SAP13/833/2023 (a copy of the application and order can be obtained from the person
mentioned in par 10 hereunder).
1) This notice is addressed to Malemela TD, residing at 674 Block WW, Soshanguve Pretoria, Gauteng
Province and all persons that 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
54/23/NT.
His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086
452 8838
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 8 Maart 2024 No. 50259 41
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
KMapila@npa.gov.za. Tel: (015) 045-0289.
Date Submitted: 2024-02-29.
----------oo0oo----------
Case No: 11194/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-11-30, Before the Honourable: JUSTICE, AML PHATUDI, in Chambers
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re:
a) A white tanker volvo truck with registration number KK05 GP hauling a white volvo LP GAS Tank Clinic Semi Trailer
ST Tridem 6X4S with registration number JP 73 MV GP Chassis /VIN number AA913ACH37ZDW1497 and engine
number WCK 857 GP seized by the members of the South African Police Services near Marble Hall policing area on
27 January 2023 under Marble Hall CAS 200/01/2023 held at Marble Hall police pound under reference number SAP13
70/2023;
(b) a White Toyota Auris XS with registration number BV 80 ZXGP Chassis number SB1KE56E30E028280 and Engine
1ZRU477662 seized by the Me.
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 of 1998 in the High Court of South Africa (Limpopo Local
Division, Polokwane) on the 30 November 2023 in case number 11194/2023 in relation to:
a) a white tanker volvo truck with registration number KK05 GP hauling a white volvo LP GAS Tank Clinic Semi Trailer
ST Tridem 6X4S with registration number JP 73 MV GP Chassis /VIN number AA913ACH37ZDW1497 and engine
number WCK 857 GP seized by the members of the South African Police Services near Marble Hall policing area on
27 January 2023 under Marble Hall CAS 200/01/2023 held at Marble Hall police pound under reference number
SAP13 70/2023;
(b) a White Toyota Auris XS with registration number BV 80 ZXGP Chassis number SB1KE56E30E028280 and Engine
1ZRU477662 seized by the Members of the South African Police Service near Marble Hall policing area on 27 January
2023 under Marble Hall Cas 200/01/2023 held at Marble Hall police pound under reference number SAP13 67/2023;
(c) a white Warrior Kingrun DFL 180 trucks with registration number KW 34SS GP Chassis number
AA9D2AC14CJMC1285 and Engine 87330710 seized by the Members of the South African Police Service near Marble
Hall policing area on 27 January 2023 under Marble Hall Cas 200/01/2023 held at Marble Hall police pound under
reference number SAP13 68/2023;
(d) a white Isuzu F-Series FTM 1200 Turbo truck with registration number KW 53 XM GP Chassis number
ADMFTM32P6Z385443 and engine number 6HE1409787 seized by the members of the South African Police Services
near Marble Hall policing area on 27 January 2023 under Marble Hall Cas 200/01/2023 held at Marble Hall police
pound under reference number SAP13 69/2023.(a copy of the application and order can be obtained from the person
mentioned in par 14 hereunder).
1) This notice is addressed to Clayton Mark Damon, residing at number 14 William Mason Street, Bishop Lavis Cape
Town, Agripa Nkakaliso and 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.