Bailey Ditshukudu Maropefela in his capacity as the registered owner of the

Court order seizes property linked to crime · Published 2024-04-19 · What is a POCA?

Party
Bailey Ditshukudu Maropefela in his capacity as the registered owner of the
Date
2023-11-30

Case

Case number
M678/2023
Court
NORTH WEST DIVISION,MAHIKENG

Parties addressed

  • Bailey Ditshukudu Maropefela in his capacity as the registered owner of the

Asset description

A White Volkswagen Polo with registration number HHN578NW, chassis number AAVZZZ9NZ8U005955, engine number BLM044173 seized by members of the South African Police Service on 09 June 2023 and held at Mmabatho police station under Mmabatho CAS 110/06/2023 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

          Hattingh & Ndzabandzaba Attorneys
          Ref: K Nienaber/CSG08
                                                    ----------oo0oo----------
                                                                                                      Case No: M678/2023
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION,MAHIKENG)
              MMABATHO, 2023-11-30, BEFORE THE HONOURABLE MADAM JUSTICE DJADJE DJP
 In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: A White Volkswagen Polo with registration number HHN578NW, chassis number AAVZZZ9NZ8U005955,
 engine number BLM044173 seized by members of the South African Police Service on 09 June 2023 and held
 at Mmabatho police station under Mmabatho CAS 110/06/2023
   AN APPLICATION IN TERMS OF SECTION 38(1) 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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
 West Division, Mahikeng) on 30 November 2023 in case number M678/2023 in relation to:

          A White Volkswagen Polo with registration number HHN578NW, chassis number AAVZZZ9NZ8U005955,
 engine number BLM044173 seized by members of the South African Police Service on 09 June 2023 and held at
 Mmabatho police station under Mmabatho CAS 110/06/2023 (a copy of the application and order can be obtained from
 the person mentioned in par 9 hereunder).

           This notice is addressed to Bailey Ditshukudu Maropefela in his capacity as the registered owner of the
 property with his address being 8514 Magogoe Tlhabologo Village and any 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

                                This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 19 April 2024                                        No. 50531   37

the POCA. An appearance must comply with these requirements and must be delivered to the office of the State
Attorney at the address mentioned in paragraph 9, below.
           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:
           The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2.
                                                   ----------oo0oo----------
                                                                                                       Case No: 541/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                      (NORTH WEST DIVISION,MAHIKENG)
             MMABATHO, 2024-02-14, BEFORE THE HONOURABLE MADAM JUSTICE DJADJE DJP
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A white Toyota Hiace truck with License number D343BBG, Chassis number LY1010002040 and engine
number 3L3927788 that was seized by members of the South African Police Service on 2 December 2021 and
held at Marikana police station under Marikana CAS 06/12/2021
  AN APPLICATION IN TERMS OF SECTION 38(1) 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)

Source