(1) Bethlehem Logistics
Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?
- Party
- (1) Bethlehem Logistics
- Date
- 2023-11-02
Case
- Case number
- 2023-106630
- Court
- Gauteng Division, Pretoria
Parties addressed
- (1) Bethlehem Logistics
Asset description
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
From the gazette
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.
----------oo0oo----------
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
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. (a copy of the application and order can be obtained from the
person mentioned in par 9 hereunder.)
This notice is addressed to (1) Bethlehem Logistics, whose last known address is Unit 13 EL3, Eletpro
Business Park, Corner De Haviland and Atlas Road, Boksburg, Gauteng Province,( 2) Laphead Warehouse (PTY)
Ltd, whose last known address is No 36 Okkerneut Avenue, Kempton Park, Gauteng Province, (3) Everisto
Machingauta, whose last known address is Room 2, 110 Greenway Street, Greenside, Johannesburg, 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;
This gazette is also available free online at www.gpwonline.co.za
58 No. 50259 GOVERNMENT GAZETTE, 8 March 2024