Martin Mochabi, Machube Projects (Pty) Ltd, Enelo Development (Pty) Ltd, Hilda
Court order seizes property linked to crime · Published 2024-07-26 · What is a POCA?
- Party
- Martin Mochabi, Machube Projects (Pty) Ltd, Enelo Development (Pty) Ltd, Hilda
Case
- Case number
- 2024/016516
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Martin Mochabi, Machube Projects (Pty) Ltd, Enelo Development (Pty) Ltd, Hilda
Asset description
Funds identified as held at FNB account number 63068374403 in the name of Machube Projects (Pty) Ltd, FNB account number 62660763692 in the name of Enelo Development (Pty) Ltd, FNB account number 62942430258 in the name of Martin Mochabi, and a Mercedes-Benz C300 Coupe AMG, registration number LL50YCGP, VIN number WDD2053482F321859 and engine number 27492030592248.
From the gazette
Date Submitted: 2024-07-15.
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Case No: 2024/016516
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-02-16, BEFORE THE HONOURABLE JUSTICE MANOIM
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Funds identified as held at FNB account number 63068374403 in the name of Machube Projects (Pty)
Ltd, FNB account number 62660763692 in the name of Enelo Development (Pty) Ltd, FNB account number
62942430258 in the name of Martin Mochabi, and a Mercedes-Benz C300 Coupe AMG, registration number
LL50YCGP, VIN number WDD2053482F321859 and engine number 27492030592248.
AN APPLICATION IN TERMS OF SECTION 38 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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 16 Feb February 2024 in case number 2024/016516 in relation to:
Funds identified as held at FNB account number 63068374403 in the name of Machube Projects (Pty) Ltd,
FNB account number 62660763692 in the name of Enelo Development (Pty) Ltd, FNB account number 62942430258
in the name of Martin Mochabi, and a Mercedes-Benz C300 Coupe AMG, registration number LL50YCGP, VIN number
WDD2053482F321859 and engine number 27492030592248.
This notice is addressed to Martin Mochabi, Machube Projects (Pty) Ltd, Enelo Development (Pty) Ltd, Hilda
Ramahlo, Mandla Pilot Nkuna, Rendani Makhwanthane and all other persons who have an interest in funds identified
as held at FNB account number 63068374403 in the name of Machube Projects (Pty) Ltd, FNB account number
62660763692 in the name of Enelo Development (Pty) Ltd, FNB account number 62942430258 in the name of Martin
Mochabi, and a Mercedes-Benz C300 Coupe AMG, registration number LL50YCGP, VIN number
WDD2053482F321859 and engine number 27492030592248 (the property):
Take notice that:
1 The National Director of Public Prosecutions (National Director) has obtained a preservation of property
order (the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the
property;
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 in sections 39(3), (4) and (5) of
the POCA. An appearance must comply with these requirements;
5 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 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 In terms of rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice
set down the matter for reconsideration;
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, Attorneys
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 26 Julie 2024 No. 50982 55
for Applicant, 10th Floor, North State Building, 99 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg; Private Bag
X 9, Johannesburg. Tel: (011) 220 4087. E-mail: MeMahloko@npa.gov.za. Ref: 2024/P14/MMahloko Mochabi M.
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg. E-mail: MeMahloko@npa.gov.za. Tel: (011) 220-4087.
Date Submitted: 2024-07-15.
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This gazette is also available free online at www.gpwonline.co.za
56 No. 50982 GOVERNMENT GAZETTE, 26 July 2024