Alfred Aphane of house number 737 Tshepong Location, Mahwelereng, Limpopo

Court order seizes property linked to crime · Published 2024-06-28 · What is a POCA?

Party
Alfred Aphane of house number 737 Tshepong Location, Mahwelereng, Limpopo

Case

Case number
3533/2024
Court
Limpopo Local

Parties addressed

  • Alfred Aphane of house number 737 Tshepong Location, Mahwelereng, Limpopo

Asset description

a red Audi A4 bearing licence number BZ10XB GP, Chassis number WAUZZZ8K8DA079311 and Engine number CJE023763 and cash amount of R259 200 and seized by the South African Police Service on 02 March 2018, under case docket Dennilton CAS 09/03/2018 and held at Dennilton police station and Limpopo Provincial Detectives Services offices with reference SAP13/144/2018 and SAP13/146/2018 respectively and a Toyota Quantum minibus with registration number DWF 084 L held at Mahwelereng police Station under 

Identifiers

Cash amount
R259 200

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 26 April 2024 in case number 3533/2024 in relation to: a red Audi A4 bearing licence
 number BZ10XB GP, Chassis number WAUZZZ8K8DA079311 and Engine number CJE023763 and cash amount of
 R259 200 and seized by the South African Police Service on 02 March 2018, under case docket Dennilton CAS
 09/03/2018 and held at Dennilton police station and Limpopo Provincial Detectives Services offices with reference
 SAP13/144/2018 and SAP13/146/2018 respectively and a Toyota Quantum minibus with registration number DWF 084
 L held at Mahwelereng police Station under criminal case docket Eersterus Cas 155/12/2017, (a copy of the application
 and order can be obtained from the person mentioned in par 14 hereunder).
 1. This notice is addressed to Alfred Aphane of house number 737 Tshepong Location, Mahwelereng, Limpopo
 Province and 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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 28 Junie 2024                                          No. 50877   51

The State Attorney: Mr T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane,
0699. Reference: AFU 1087/22/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.

                                                                         Case No: 1822/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   (LIMPOPO LOCAL DIVISION, POLOKWANE)
           POLOKWANE, 2024-03-22, Before the Honourable: JUDGE NAUDE - ODENDAAL, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a silver Toyota Fortuner 3.0D with registration number KTG 243 NW, seized by members of the South
African Police Service in the Rooiberg policing area on 02 May 2023, under case docket Rooiberg CAS
04/05/2023 and held at the South African Revenue Warehouse in Musina.
    IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998

Source