Biramo Alemu Wara and Lera Alote Alemayehu residing at house number

Court order seizes property linked to crime · Published 2024-06-21 · What is a POCA?

Party
Biramo Alemu Wara and Lera Alote Alemayehu residing at house number
Date
2020-07-14

Case

Case number
5348/2024
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Biramo Alemu Wara and Lera Alote Alemayehu residing at house number

Asset description

a blue Hyundai Tucson motor vehicle with Registration number JB 12 WB GP, Chassis number KMHJN81BR6U477099 and Engine number G4GC6641023, a cash amount of R20 200.00 as well as a cash amount of R11 300.00 all seized by members of the South African National Defence Force in the Musina policing area on 14 July 2020 under case docket Musina CAS 90/07/2020 and held at SARS Warehouse in Musina(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

Identifiers

Cash amount
R20 200.00

From the gazette

           IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
           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 30th day of May 2024 in case number 5348/2024 in relation to: a blue
Hyundai Tucson motor vehicle with Registration number JB 12 WB GP, Chassis number KMHJN81BR6U477099 and
Engine number G4GC6641023, a cash amount of R20 200.00 as well as a cash amount of R11 300.00 all seized by
members of the South African National Defence Force in the Musina policing area on 14 July 2020 under case docket
Musina CAS 90/07/2020 and held at SARS Warehouse in Musina(a copy of the application and order can be obtained
from the person mentioned in par 10 hereunder).
           1. This notice is addressed to Biramo Alemu Wara and Lera Alote Alemayehu residing at house number
94, Zinoville, Rustenburg, North West Province and S I Biramu whose address is unknown; 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.
           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-
16/24/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.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: KMasekoameng@npa.gov.za. Tel: (015) 0450195.
           Date Submitted: 2024-06-14.
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                                This gazette is also available free online at www.gpwonline.co.za
22  No. 50836                          GOVERNMENT GAZETTE, 21 June 2024

Source