Kelvin Chigwedere and Jane Lwiindi Chigwedere (Mutelo) and all other persons who

          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 26 October 2023 in case number 2023-107055 in relation to:

The sum of R499 100 seized by the SAPS on 16 January 2021 under Kempton Park Cas 251/01/2021 currently held
in the SAPS' ABSA suspense account number 4054522787
1. This notice is addressed to Kelvin Chigwedere and Jane Lwiindi Chigwedere (Mutelo) and all other persons who
may have an interest in the sum of R499 100 seized by the SAPS on 16 January 2021 under Kempton Park Cas
251/01/2021 currently held in the SAPS' ABSA suspense account number 4054522787 (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 MM Mahloko
10th Floor, North State Building
95 Albertina Sisulu Street
Cnr Kruis Street
JOHANNESBURG
Tel: (011) 220 4087

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40  No. 50568                          GOVERNMENT GAZETTE, 26 April 2024