Owen Mzwabantu Nojozi
Court order seizes property linked to crime · Published 2024-08-02 · What is a POCA?
- Party
- Owen Mzwabantu Nojozi
- ID / Reg no
- AAVZZZ6SZAU001828
- Date
- 2024-05-21
Case
- Court
- LOCAL DIVISION: DURBAN
Parties addressed
- Owen Mzwabantu Nojozi
Asset description
a 2010 Volkswagen Polo hatchback with registration number JFF 967 EC and Chassis/VIN AAVZZZ6SZAU001828 which was seized by the South African Police Service on 6 December 2023 and is held under Hogsback CAS 8/11/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder.) .
Identifiers
- VINs
- AAVZZZ6SZAU001828
From the gazette
In re: I: In relation ;In re: a 2010 Volkswagen Polo hatchback with registration number JFF 967 EC and
Chassis/VIN AAVZZZ6SZAU001828 which was seized by the South African Police Service on 6 December 2023 and
is held under Hogsback CAS 8/11/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder
.
annexure a
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division Makhanda) on 21 May 2024 in case number 2028 /2024 in relation to: a 2010
Volkswagen Polo hatchback with registration number JFF 967 EC and Chassis/VIN AAVZZZ6SZAU001828 which was
seized by the South African Police Service on 6 December 2023 and is held under Hogsback CAS 8/11/2023 (a copy
of which can be obtained from the person motioned in par 9 hereunder.)
.
This notice is addressed to Owen Mzwabantu Nojozi and all 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.
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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 2 Augustus 2024 No. 51006 31
application. In such a case, the court may grant a default order forfeiting the property to the state under section 53 of
the POCA.
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:
STATE ATTORNEY EAST LONDON// BHISHO
17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
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Case No: D2812/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LOCAL DIVISION: DURBAN)
DURBAN, 2024-05-02, ACTING JUSTICE TUCKER
In the ex parte application of: NTOMBENHLE PRETTY NGCOBO, Applicant
HAVING HEARD COUNSEL ON 02 MAY 2024, IT IS ORDERED:
1. That a Rule nisi be and is hereby issued calling upon all interested parties to show cause, if any, to the above
Honourable Court on the 02 day of OCTOBER 2024, or so soon thereafter as the matter may be heard, why an order
in the following terms should not be made final:
1.1 It is ordered that Stuart Makhonsandile Ngcobo (ID: 660507 5560 086) be presumed dead.
1.2 The marriage of Stuart Makhonsandile Ngcobo (ID: 660507 5560 086) and Ntombenhle Pretty Ngcobo (ID: 750803
0586 080) shall be deemed to have been dissolved by death as from the date of the granting of this order, in terms of
Section 1 of the Dissolution of Marriages on Presumption Of Death Act 23 of 1979.
2. The service of this order shall be effected in the following manner:
2.1 By publishing a copy of this order in one edition of the Government Gazette, The Mercury, and South Coast Herald
newspapers.
2.2 By the Deputy-Sheriff serving a copy of this order on:
2.2.1 South African Revenue Service situated at 61 - 62 Margaret Mncadi Avenue, Corner of Albany Grove & Margaret
Mncadi Avenue, Durban.
2.2.2 LA Gwacela & Associates situated at 407 Anton Lembe Street, 12th Floor, Suite 1208, Salmon Grove Chambers,
Durban.
3. Should any interested person wish to oppose the relief sought in paragraphs 1.1 and 1.2 above, they shall deliver
their answering affidavits, if any, fifteen (15) days prior to the return date as stated in paragraph 1 above.
4. Costs, only in the event of opposition.
5. Further and/or alternative relief.
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This gazette is also available free online at www.gpwonline.co.za
32 No. 51006 GOVERNMENT GAZETTE, 2 August 2024