Bongani Viviene Tshabalala (6404275472080), Agatha Tshabalala
Court order seizes property linked to crime · Published 2024-04-19 · What is a POCA?
- Party
- Bongani Viviene Tshabalala (6404275472080), Agatha Tshabalala
- ID / Reg no
- 6404275472080
- Date
- 2023-11-30
Case
- Case number
- 2023/121770
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Bongani Viviene Tshabalala (6404275472080), Agatha Tshabalala
Asset description
The sum of R23 410 in cash seized by members of the SAPS and taken to Booysens Police Station under SAP 13/1070/2019, subsequently deposited into SAPS' Head Office ABSA account number 40545227 under taking number 1050285284 and purpose receipt number 21041400 on 29 November 2019
From the gazette
BY THE COURT REGISTRAR
----------oo0oo----------
Case No: 2023/121770
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-11-30, BEFORE THE HONOURABLE JUSTICE WINDELL J, in CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R23 410 in cash seized by members of the SAPS and taken to Booysens Police Station under
SAP 13/1070/2019, subsequently deposited into SAPS’ Head Office ABSA account number 40545227 under
taking number 1050285284 and purpose receipt number 21041400 on 29 November 2019
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 30 November 2023 in case number 2023/121770 in relation to:
The sum of R23 410 in cash seized by members of the SAPS and taken to Booysens Police Station under
SAP 13/1070/2019, subsequently deposited into SAPS' Head Office ABSA account number 40545227 under taking
number 1050285284 and purpose receipt number 21041400 on 29 November 2019
This notice is addressed to Bongani Viviene Tshabalala (6404275472080), Agatha Tshabalala
(6603220326081) and all other persons who have an interest in the sum of R23 410 which was seized and taken to
Booysens Police Station under SAP 13/1070/2019, subsequently deposited into the SAPS' Head Office ABSA account
number 4054522787 under taking number 10508584 and receipt number 21041400 on 29 November 2019 (the
property).
TAKE NOTICE THAT:
1 The National Director of Public Prosecutions (National Director) has obtained a preservation of
property order (the order) in terms of section 38(2) of the POCA in respect of the property;
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, 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;
5 Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA
for entry of an appearance referred to in paragraph 5 above;
This gazette is also available free online at www.gpwonline.co.za
34 No. 50531 GOVERNMENT GAZETTE, 19 April 2024