1) Senaki Johannes Kutumela
Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?
- Party
- 1) Senaki Johannes Kutumela
- Date
- 2023-07-12
Case
- Case number
- 2023-062492
- Court
- Gauteng Division, Pretoria
Parties addressed
- 1) Senaki Johannes Kutumela
Asset description
1. A Silver Hyundai IX35 EL Facelift motor vehicle with registration number DL70SVGP, chassis/VIN number TMAJU81EMEJ609945, engine number G4NAEU346085 held by the SAPS at Cyferskuil pound and registered under SAP 13/38/2022 withcriminal case docket Cyferskuil CAS 09/04/2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
From the gazette
3. Subject to paragraph 4 below, the property shall remain in the Waterval police pound under the control and
supervision of Gennefer Thapeli Molokoane (Captain Molokoane ) an assets investigator by the SAPS.
4. Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette,
Captain Molokoane, or any other duly authorised employee of the Applicant, is authorised to:
4.1 Assume control of the property on behalf of the applicant, which property must remain in the Mahwelereng
Police Pound SAP 13 872/2021,873/2021 and 875 2021 respectively.
4.2 sell the movable property at best, either by public auction or private treaty;
4.3 sign all documentation necessary to effect the sale, transfer and registration of the movable property; and
4.4 deposit cash and the proceeds from the sale of the movable property, less any commission and incidental
expenses occasioned by the sale, into the Criminal Asset Recovery Account established under section 63 of POCA,
account number 80303056 held at the South African Reserve Bank, Vermeulen Street, Pretoria.
5. Captain Molokoane shall as soon as possible but not later than or within a period of 90 day of this Order
coming into effect, file a report with the applicant indicating the manner in which she complied with the terms of this
order.
6. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days
after he or she has acquired knowledge of such order, set the matter down for variation or rescission by theCourt.
7. The Applicant accordingly seeks an order from this Honourable court dispensing with the need for a curator
bonis to be appointed.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: Amatshika@npa.gov.za. Tel: (015) 045-0205.
Date Submitted: 2024-02-26.
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Case No: 2023-062492
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-07-12, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A silver Hyundai IX35 EL Facelift motor vehicle with registration number DL70SVGP chassis/VIN number
TMAJU81EMEJ609945 and engine number G4NAEU346085 seized by members of the South African Police Service
on 06 April 2022 under case docket Cyferskuil CAS 09/04/2022 and held at Cyferskuil Police Pound with reference
SAP 13/38/2022.
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
(Gauteng Division, Pretoria) on 12 July 2023 in case number 2023-062492 in relation to: 1. A Silver Hyundai IX35 EL
Facelift motor vehicle with registration number DL70SVGP, chassis/VIN number TMAJU81EMEJ609945, engine
number G4NAEU346085 held by the SAPS at Cyferskuil pound and registered under SAP 13/38/2022 withcriminal
case docket Cyferskuil CAS 09/04/2022. (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder.)
This notice is addressed to: 1) Senaki Johannes Kutumela, whose last known address is No E211 Carousel
View, Hammanskraal, Pretoria, Gauteng Province, and all 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 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 8 Maart 2024 No. 50259 57
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 addresses:THE STATE ATTORNEY:
Mr K Kgapola, 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: (012) 309 01649/50. Email:
KKgapola@justice.gov.za and PKhoba@npa.gov.za.
National Prosecuting Authority (Order no: 030387), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON. E-mail: PKhoba@npa.gov.za. Tel: (012) 845-6735.
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Case No: 2022-106630
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-11-02, BEFORE THE HONOURABLE JUSTICE DE VOS, IN CHAMBERS
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: 1. A white Fright liner Argosy truck with registration numbers DY23LMGP, Chassis number
1FUJAWBG3FLGK1783 and engine number 79760961, seized by members of the Vaal Rand Hawks on 19 July 2023
under case docket Vereeniging CAS 309/07/2023 held at Vereeniging Police pound and registered under SAP
13/680/2023, 2. A Tanker with registration number HH85BRGP and chassis number TC93591 held at Vereeniging
police pound and registered under SAP 13/68112/2023, 3. A Tanker with registration HH85MBGP held at Vereeniging
police pound and registered under SAP 13/682/2023.
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
(Gauteng Division, Pretoria) on 2 November 2023 in case number 2023-106630 in relation to:
1. A white Fright liner Argosy truck with registration numbers DY23LMGP, Chassis number
1FUJAWBG3FLGK1783 and engine number 79760961, seized by members of the Vaal Rand Hawks on 19 July 2023
under case docket Vereeniging CAS 309/07/2023 held at Vereeniging Police pound and registered under SAP