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

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