Muzikayise Menzokuhle Hadebe, Mattvest Investments (Pty) Ltd and all other persons who
Court order seizes property linked to crime · Published 2024-05-24 · What is a POCA?
- Party
- Muzikayise Menzokuhle Hadebe, Mattvest Investments (Pty) Ltd and all other persons who
- Date
- 2024-05-02
Case
- Case number
- 2024/046497
- Court
- Gauteng
Parties addressed
- Muzikayise Menzokuhle Hadebe, Mattvest Investments (Pty) Ltd and all other persons who
Asset description
The immovable property described as Erf 212 Silverfields Township registered to Muzikayise Menzokuhle Hadebe under title deed number T23189/2021, Johannesburg Deeds Office and located at number 11 Desmond Avenue, Silverfields, Krugersdorp
Identifiers
- Erf numbers
- Erf 212 Silverfields
From the gazette
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 02 May 2024 in case number 2024/046497 in relation to:
The immovable property described as Erf 212 Silverfields Township registered to Muzikayise Menzokuhle Hadebe
under title deed number T23189/2021, Johannesburg Deeds Office and located at number 11 Desmond Avenue,
Silverfields, Krugersdorp
This notice is addressed to Muzikayise Menzokuhle Hadebe, Mattvest Investments (Pty) Ltd and all other persons who
have an interest in the immovable property identified as Erf 212 Silverfields Township registered to Muzikayise
Menzokuhle Hadebe under title deed number T23189/2021, Johannesburg Deeds office and located at number 11
Desmond Avenue, Silverfields, Krugersdorp (the property):
Take notice that:
1 The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order), a copy of which is attached to this notice, 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 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;
5 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;
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 In terms of Rule 6 (8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice, set
down the matter for reconsideration.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 24 Mei 2024 No. 50701 45
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
date. Failure to do so can result in a forfeiture order being granted against the property by default and without further
notice to you.
10 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
10th Floor
North State Building
99 Albertina Sisulu Street, Cnr Kruis Street
Johannesburg
Private Bag X9
Johannesburg
Tel: (011) 220 4087
Email: MMahloko@npa.gov.za
Ref: 2023/P14/MMahloko Hadebe M
Any correspondence or other enquiries must also be directed to this address or contact number.
----------oo0oo----------
Case No: 4278/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2024-05-06, Before the Honourable: Judge President M G Phatudi, in Chambers
In the matter between: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A 2000 white Toyota Hilux 3.0KZ TE motor vehicle bearing registration numbers FZJ 738 L, Chassis number
AHT33GNG508000460, Engine Number 1KZ0775963 seized by the South African Police Service officials on 6 January
2017 in the Makhado policing area under case docket Makhado CAS 43/01/2017 and held at Makhado SAPS pound
with reference number SAP 13/ 13/2017
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998