Daniel Onyekachi, Anthony Ordi Okeorie, Pretty Mogale and all other

                                                                                                        Case No: 2022/017853
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, JOHANNESBURG)
          JOHANNESBURG, 2022-08-30, BEFORE THE HONOURABLE JUSTICE MALINDI J, in chambers
                         THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
          In re: A Volkswagen Polo 1.4P with registration number KF74XNGP, VIN AAVZZZ6RZMU016646, engine
number CLP375931 registered in the name of PC Mogale seized by the SAPS on 25 May 2022 currently held at VISS
Lenasia under Douglasdale CAS 399/05/2022 and SAPS 13/1986/2022.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
  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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on the 30 AUGUST 2022, Case number 2022/017853, in relation to:
          A Volkswagen Polo 1.4P with Registration number KF74XNGP, VIN AAVZZZ6RZMU016646, Engine number
CLP375931 registered in the name of PC Mogale seized by the SAPS on 25 May 2022, currently held at VISS Lenasia
under Douglasdale CAS 399/05/2022 and SAPS 13/1986/2022.
          1. This notice is addressed to Daniel Onyekachi, Anthony Ordi Okeorie, Pretty Mogale and all other
persons who may have an interest in a Volkswagen Polo 1.4P with Registration number KF74XNGP, VIN
AAVZZZ6RZMU016646, Engine number CLP375931 registered in the name of PC Mogale seized by the SAPS on 25
May 2022, currently held at VISS Lenasia under Douglasdale CAS 399/05/2022 and SAPS 13/1986/2022 (the
property).
          Take notice that:
          2.     The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained
a preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from
the State Attorney, Johannesburg.
          3.     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.
          4. 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.
          5.      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.
          6.     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 4 above.
          7. 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.
          8.       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.
          9. 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.
          10. 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 5 and 6 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.
          11 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 M Mahloko, 10th Floor, North State Building, 99 Albertina Sisulu Street, Johannesburg; Private Bag X 9,
Johannesburg, 2000. Tel: (011) 220 4087. E-mail: MeMahloko@npa.gov.za. Ref: P14-E Machethe/ JAFU90/2022
(Onyekachi D).
          Any correspondence or other enquiries must also be directed to this address or contact number.

                                 This gazette is also available free online at www.gpwonline.co.za
36  No. 50456                          GOVERNMENT GAZETTE, 12 April 2024