Lungile Jackson Kula, house number 2040, Butleng Delmas Location

Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?

Party
Lungile Jackson Kula, house number 2040, Butleng Delmas Location

Case

Case number
1067/2024
Court
Limpopo

Parties addressed

  • Lungile Jackson Kula, house number 2040, Butleng Delmas Location

Asset description

A 2004 blue BMW Sedan 3series motor vehicle with registration number RND 855 GP and Chassis number WBAET760X0NU71853 and Engine number A305H219 seized by the members of the South African Police Services near Roedtan policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13 -31/2022. b) A Cash amount of R65 500-00 seized by the members of the South African Police Services near Roedtan policing area on 07 April 2022 under Roedtan CAS 09/04/2022

Identifiers

Cash amount
R65 500

From the gazette

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 56/23/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.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON. E-mail:
KMapila@npa.gov.za. Tel: (015) 045-0289.
Date Submitted: 2024-02-28.
                                                    ----------oo0oo----------
                                                                                                          Case No: 1067/2024
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
           POLOKWANE, 2024-02-08, Before the Honourable: JUDGE NAUDE - ODENDAAL, in Chambers
                         THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A 2004 blue BMW Sedan 3series motor vehicle with registration number RND 855 GP and Chassis number
WBAET760X0NU71853 and Engine number A305H219 seized by the members of the South African Police Services
near Roedtan policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with
reference SAPS 13 -31/2022;
b) a Cash amount of R65 500-00 seized by the members of the South African Police Services near Roedtan policing
area on 07 April 2022 under Roedtan CAS 09/04/2022, held at Roedtan Police pound with reference SAPS 13 -26/2022.
    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 08 February 2024 in case number 1067/2024, in relation to: A 2004 blue BMW
Sedan 3series motor vehicle with registration number RND 855 GP and Chassis number WBAET760X0NU71853 and
Engine number A305H219 seized by the members of the South African Police Services near Roedtan policing area on
07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13 -31/2022.

          b) A Cash amount of R65 500-00 seized by the members of the South African Police Services near Roedtan
policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13
-26/2022 (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder).
          1) This notice is addressed to Lungile Jackson Kula, house number 2040, Butleng Delmas Location,
Mpumalanga Province 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.
          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

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 8 Maart 2024                                         No. 50259   43

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
03/24/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.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: KMapila@npa.gov.za. Tel: (015) 045-0289.
           Date Submitted: 2024-02-28.
                                                  ----------oo0oo----------
                                                                                                   Case No: 7593/2023
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                     (LIMPOPO LOCAL DIVISION, POLOKWANE)
               POLOKWANE, 2023-08-24, Before the Honourable: JUSTICE, Kganyago J, in Chambers
                        THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
         In re:
         a) A silver Mitshubishi Pajero motor vehicle with registration number CBK 351L, Chassis number
JMYLNV75W1J000383 and engine number 6G774MP4517 seized by members of the African Police Service in Musina
policing area on 02 July 2020, under case docket Musina Cas 245/07/2020 and held at the South African Revenue
Service Warehouse in Musina.
         b) Cash in the amount of R10 000 seized by members of the African Police Service in Musina policing area
on 02 July 2020, under case docket Musina Cas 245/07/2020 and held at Musina Police Station under SAP13
757/2020; and
         c) a cash in the amount of R4 940.00 seized by members of the African Police Service in Musina policing
area on 02 July 2020, under case docket Musina Cas 245/07/2020 and held at Musina Police Station under SAP13
757/2020
            IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF
                                                         1998

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