Keatumela Sylvester Tlhaolakgomo of 179 Ikageng, Kameeelbuts, Rustenburg and any
Court order seizes property linked to crime · Published 2024-07-19 · What is a POCA?
- Party
- Keatumela Sylvester Tlhaolakgomo of 179 Ikageng, Kameeelbuts, Rustenburg and any
- ID / Reg no
- 8606121228080
- Date
- 2023-10-26
Case
- Case number
- M589/2023
- Court
- North West
Parties addressed
- Keatumela Sylvester Tlhaolakgomo of 179 Ikageng, Kameeelbuts, Rustenburg and any
Asset description
A White Toyota Hilux 2.5x2 single CAB light load vehicle with register number FBC223L, Licence number KRW174NW, chassis number AHTC32G308023923 seized by the members of South African Police Service on 11 May 2022 and held at Kgomotso police station under Kgomotso CAS number 09/05/2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Company regs
- 1962/000738/06
From the gazette
A White Toyota Hilux 2.5x2 single CAB light load vehicle with register number FBC223L, Licence number KRW174NW,
chassis number AHTC32G308023923 seized by the members of South African Police Service on 11 May 2022 and
held at Kgomotso police station under Kgomotso CAS number 09/05/2022.
AN APPLICATION IN TERMS OF SECTION 38(1) OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
1998
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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North West
Division, Mahikeng) on 26 October 2023 in case number M589/2023 in relation to:
A White Toyota Hilux 2.5x2 single CAB light load vehicle with register number FBC223L, Licence number
KRW174NW, chassis number AHTC32G308023923 seized by the members of South African Police Service on 11 May
2022 and held at Kgomotso police station under Kgomotso CAS number 09/05/2022. (a copy of the application and
order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Keatumela Sylvester Tlhaolakgomo of 179 Ikageng, Kameeelbuts, Rustenburg and any
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 and must be delivered to the office of the State Attorney at the
address mentioned in paragraph 9, below.
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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 19 Julie 2024 No. 50950 35
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:
The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame Street,
Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: 1965/23/P2
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Case No: 12128/23P
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL DIVISION, PIETERMARITZBURG)
PIETERMARITZBURG, 2024-05-24, BEFORE REGISTRAR N T MTHETHWA
In the matter between: THE STANDARD BANK OF SOUTH AFRICA LIMITED (PTY)LTD (REG NO:
1962/000738/06), Applicant, and KHETHUKUTHULA KUNENEIDENTITY NO: 8606121228080, Respondent
SUMMONS TO BE SERVED IN THE GOVERNMENT GAZETTE AS PER GRANTED COURT ORDER
SUMMONS FOR KHETHUKUTHULA KUNENE UNDER CASE NO: 12128/23P
INFORM: KHETHUKUTHULA KUNENE, IDENTITY NO: 8606121228080, an adult Female with chosen
domicilium citandi et executandi for purposes of this action at MHATHUZE VILLAGE, EMPANGENI, 3880.
(HEREINAFTER CALLED THE DEFENDANT)
THAT
THE STANDARD BANK OF SOUTH AFRICA LIMITED, a company with limited liability, duly registered and
incorporated in accordance with the company laws of the Republic of South Africa, and a registered credit provider with
registration number NCRCP15, having its principal place of business at 2nd Floor, Marshalltown, Johannesburg,
Gauteng Province.
(HEREINAFTER CALLED THE PLAINTIFF)
Hereby institutes action against the Defendant in which action Plaintiff Claims the relief on the following
grounds:
1) Confirmation of the Cancellation of the Agreement;
2) An Order ISUZU D-MAX 250C S/C P/U 2021 motor vehicle with engine number 4JA14M8312 and chassis
number ACVBRRAR5L4073311;
3) Retention of all monies paid to the Plaintiff by the Defendant;
4) Leave to apply for:
4.1) Damages, if any, in an amount to be calculated by subtracting the current market value of the Goods (as
well as a rebate on unearned finance charges from the balance outstanding if applicable);
4.2) Interest on the said damages at the rate of 17.78% per annum from 15 June 2023 to date of payment;
5) Costs of suit on the attorney and client scale;
6) Further and/or alternative relief.
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This gazette is also available free online at www.gpwonline.co.za
36 No. 50950 GOVERNMENT GAZETTE, 19 July 2024