Phuseletso Ronald Somo and Nwgwapeng Evelyn Moeketsi and all other persons who

Court order seizes property linked to crime · Published 2024-05-31 · What is a POCA?

Party
Phuseletso Ronald Somo and Nwgwapeng Evelyn Moeketsi and all other persons who
ID / Reg no
2014/003537/07
Date
2024-03-12

Case

Case number
864/2024
Court
Makanda

Parties addressed

  • Phuseletso Ronald Somo and Nwgwapeng Evelyn Moeketsi and all other persons who

Asset description

In relation to: Isuzu KB 250D Bakkie with

Identifiers

Company regs
2014/003537/07, 2018/436067/07

From the gazette

                                                                                                           Case No: 864/2024
                                                                                                          Docex: 041-585 7921
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (Eastern Cape Division, Makhanda)
                                  Makhanda, 2024-03-12, Before Acting Justice Notyesi
                In the ex parte application of: The National Director of Public Prosecutions, Applicant
  In re: In relation to: Isuzu KB 250D Bakkie with registration number BV 59CS GP and a Jeep Patriot 2.4 CVT
  with registration number JT 59 CVT which are instrumentalities of an offence and were seized by the South
  African Police Service in Molteno and held under Molteno CAS 06/12/21
                                                       annexure a
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)

  The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South Africa
  (Makanda) on 12 March 2024 in case number 864/2024 in relation to: In relation to: Isuzu KB 250D Bakkie with

                                  This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 31 Mei 2024                                         No. 50726   23

registration number BV 59CS GP and a Jeep Patriot 2.4 CVT with registration number JT 59 CVT which are
instrumentalities of an offence and were seized by the South African Police Service in Molteno and held under Molteno
CAS 06/12/21 (a copy of which can be obtained from the person motioned in par 9 hereunder.)

This notice is addressed to Phuseletso Ronald Somo and Nwgwapeng Evelyn Moeketsi and all 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 the POCA. An
appearance must comply with these requirements.
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:
STATE ATTORNEY EAST LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za.

                                                                               Case No: 087803/2023
                                IN THE HIGH COURT OF SOUTH AFRICA
                                    (GAUTENG DIVISION, PRETORIA)
                     PRETORIA, 2024-04-26, BEFORE HONOURABLE JUSTICE LENYAI
 In the matter between: CIVILCONSULT ENTERPRISES (PTY) LTD (2014/003537/07), Applicant and SA COAL
                              DESK (PTY) LTD (2018/436067/07), Respondent
                                   In re: LIQUIDATION OF COMPANY

After considering the submission of Counsel on behalf of the Applicant and after perusing the papers herein
                                                     IT IS ORDERED
1. That the rule nisi herein is extended to the 12th of June 2024, to the unopposed roll;
2. That the costs of today be costs in the application.
BY ORDER
REGISTRAR
For the Applicant:
Adv. Z Schoeman
Cell: 072 123 2614 / Email: zjaan@webmail.co.za

                                This gazette is also available free online at www.gpwonline.co.za
24  No. 50726                          GOVERNMENT GAZETTE, 31 May 2024

Source