Xolani Ningi

Court order seizes property linked to crime · Published 2024-03-22 · What is a POCA?

Party
Xolani Ningi
ID / Reg no
WVWZZZ16ZEM064692
Date
2024-03-05

Case

Case number
377/2024

Parties addressed

  • Xolani Ningi

Identifiers

VINs
WVWZZZ16ZEM064692

From the gazette

 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: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK,
 SILVERTON. E-mail: ClSibiya@npa.gov.za. Tel: (012) 845-6368.
          Date Submitted: 2024-03-12.
                                                     ----------oo0oo----------
                                                                                                     Case No: EL 377/2024
                                                                                             P/H or Docex Nr: 041-585 7921
                                            IN THE HIGH COURT OF SOUTH AFRICA
                                        (Eastern Cape Division , East London Circuit Court)
                                          East London, 2024-03-05, Before Justice Zilwa
                                          The National Director of Public Prosecutions
 In re: I: In re: a 2014 Volkswagen sedan with registration number HVR 534 EC and Chassis/VIN
 WVWZZZ16ZEM064692 which is an instrumentality of robbery with aggravating circumstances, was seized on 4
 August 2023 and is held under Scenery Park CAS 100/06/2023 (a copy of which can be obtained from the person
 motioned in par 9 hereunder.
                                                            annexure a
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
             The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
 South Africa ((East London Circuit Court) on 05 March 2024 in case number 377/2024 (: In re: a 2014 Volkswagen
 sedan with registration number HVR 534 EC and Chassis/VIN WVWZZZ16ZEM064692 which is an instrumentality of
 robbery with aggravating circumstances, was seized on 4 August 2023 and is held under Scenery Park CAS
 100/06/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder (a copy of which can be
 obtained from the person motioned in par 9 hereunder.)
             This notice is addressed to Xolani Ningi and all other 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 a 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 POCA. An appearance must comply with these requirements.
             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 POCA.
             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: STATE ATTORNEY EAST
 LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za.

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 22 Maart 2024                                           No. 50319   31

       Asanda Sakasa, 123 WESTLAKE                     AVENUE,        WEAVIND      PARK,      PRETORIA,       0127.    E-mail:
ASakasa@npa.gov.za. Tel: (043) 706-5100.
       Date Submitted: 2024-02-06.
                                                   ----------oo0oo----------
                                                                                                      Case No: 677/2024
                                                                                           P/H or Docex Nr: 041-585 7921
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              (Eastern Cape Division, Makhnada)
                           Makhanda, 2024-02-27, Before the Honorable Mister Justice Rugunanan
                                       The National Director of Public Prosecutions
In re: R17 427.50 in cash seized on 8 December 2022 and held under Graaff-Reinett CAS 77/12/022 and SAP
13/829/2022 (the property).
                                                           annexure a
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
           The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division, Makhanda) under case number 677/2024 in re: R17 427.50 in cash seized on 8
December 2022 and held by SAPS under Graaff- Reinett CAS 77/12/2022 and SAP 13/829/2022(the property))( a copy
of which can be obtained from the person mentioned in par 9 hereunder)
           This notice is addressed to: SHAUN KILLIAN and all other 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 a 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 POCA. An appearance must comply with these requirements.
           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 POCA.
           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

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