Mokhon Genoro Erute, an adult male residing at house no

Court order seizes property linked to crime · Published 2024-04-05 · What is a POCA?

Party
Mokhon Genoro Erute, an adult male residing at house no

Case

Case number
9892/2023
Court
Limpopo Local Division,

Parties addressed

  • Mokhon Genoro Erute, an adult male residing at house no

Asset description

Cash in the amount of R8000.00 seized by members of the South African Police Service in Mankweng on 30 August 2023, under case docket Mankweng Cas 1015/08/2023 held at Mankweng Police Station under SAP13 1044/2023. (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder). 1.

Identifiers

Cash amount
R8000.00

From the gazette

     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 01 November 2023 in case number 9892/2023 in relation to: Cash in the amount of R8000.00
seized by members of the South African
Police Service in Mankweng on 30 August 2023, under case docket Mankweng Cas 1015/08/2023 held at Mankweng
Police Station under SAP13 1044/2023. (a copy of the application and order can be obtained from the person mentioned
in par 14 hereunder).
1. This notice is addressed to Mokhon Genoro Erute, an adult male residing at house no.10, Nobody Ga - Mothiba,
Limpopo 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 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

                                This gazette is also available free online at www.gpwonline.co.za
44  No. 50443                           GOVERNMENT GAZETTE, 5 April 2024

Source