Mcebo Sithole residing at number 471, Ralph Small Street, Nancefield, Musina, , Limpopo
Court order seizes property linked to crime · Published 2024-05-24 · What is a POCA?
- Party
- Mcebo Sithole residing at number 471, Ralph Small Street, Nancefield, Musina, , Limpopo
- Date
- 2023-10-29
Case
- Case number
- 4283/2024
- Court
- Limpopo Local
Parties addressed
- Mcebo Sithole residing at number 471, Ralph Small Street, Nancefield, Musina, , Limpopo
Asset description
a cash amount of R405 652- 00, seized by members of the South African Police Service in the Modjadjiskloof policing area on 29 October 2023 under case docket Modjadjiskloof CAS 122/10/2023 and held at Modjadjiskloof Police station with reference SAP13 244/2023(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.
Identifiers
- Cash amount
- R405 652
From the gazette
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 0of 1998 in the High Court of South Africa (Limpopo Local
Division, Polokwane) on the 6th day of May 2024 in case number 4283/2024 in relation to: a cash amount of R405 652-
00, seized by members of the South African Police Service in the Modjadjiskloof policing area on 29 October 2023
under case docket Modjadjiskloof CAS 122/10/2023 and held at Modjadjiskloof Police station with reference SAP13
244/2023(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to Mcebo Sithole residing at number 471, Ralph Small Street, Nancefield, Musina, , Limpopo
Province; and to all other persons who may have an interest in the property described above.
Take notice that:
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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 24 Mei 2024 No. 50701 47
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 sections 39(3), (4) and (5) of the POCA. An
appearance must comply with these requirements;
5) Your intention 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) 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.
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: Mr T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane,
0699
Reference: AFU-10/24/NT
His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086 452 8838
Any correspondence or other enquiries must also be directed to this address or contact number.
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Case No: 5193/2023
IN THE HIGH COURT OF SOUTH AFRIC
(LIMPOPO DIVISION, POLOKWANE)
POLOKWANE, 2024-03-22, Before the Honourable:Judge Naude` - Odendaal
In the matter between: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A White Ford Ranger LDV with registration number JLK 782 MP,chassis number AFANXXMJ2NFE65835 and
Engine number PF2KNFE65835 seized by the members of the South African Police Service on 29 October 2021 under
criminal docket with reference Hoedspruit CAS 88/10/21 and held at Hoedspruit SAP 13/528/2021.
IN THE APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 OF THE PREVENTION
OF ORGANISED CRIME ACT NO 121 OF 1998
Before the Honourable :Judge Naude` - Odendaal
on the 22th day of March 2024
Having read the documents filed of record and having considered the matter,
IT IS HEREBY ORDERED THAT:
The property
1.An order is granted in terms of the provisions of section 50 of the Prevention of Organised Crime Act 121 of 1998
(POCA) declaring forfeit to the state, A White Ford Ranger LDV wit registration number JLK 782 MP,Chasisis number
AFANXXMJ2NFE65835 and Engine number PF2KNFE65835 seized by the members of the South African Police
This gazette is also available free online at www.gpwonline.co.za
48 No. 50701 GOVERNMENT GAZETTE, 24 May 2024