all the parties having interest in the a 2017 white Hilux SC 2
Court order seizes property linked to crime · Published 2024-08-02 · What is a POCA?
- Party
- all the parties having interest in the a 2017 white Hilux SC 2
- Date
- 2023-03-23
Case
- Case number
- 9893/2024
- Court
- Limpopo Local
Parties addressed
- all the parties having interest in the a 2017 white Hilux SC 2
Asset description
a 2017 white Hilux SC 2.4 GD- 4X4 with registration number FVL 425 L seized by the members of the South African Police on 23 March 2023 under case docket Haenertsburg CAS 44/03/2023 and held at Haenertsburg police pound with reference Haenertsburg SAP13/40/2023. (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder). 1.
From the gazette
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF
1998
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 01 November 2023 in case number 9893/2024 in relation to: a 2017 white Hilux SC 2.4
GD- 4X4 with registration number FVL 425 L seized by the members of the South African Police on 23 March 2023
under case docket Haenertsburg CAS 44/03/2023 and held at Haenertsburg police pound with reference Haenertsburg
SAP13/40/2023. (a copy of the application and order can be obtained from
the person mentioned in par 14 hereunder).
1. This notice is addressed to all the parties having interest in the a 2017 white Hilux SC 2.4 GD- 4X4 with registration
number FVL 425 L seized by the members of the South African Police on 23 March 2023 under case docket
Haenertsburg CAS 44/03/2023 and held at Haenertsburg police pound with reference Haenertsburg SAP13/40/2023..
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: The State Attorney: Mr T Nkwana,
Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane, 0699 Reference: AFU 47/23/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.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 2 Augustus 2024 No. 51006 33
Case No: 10483/2024
IN THE HIGH COURT OF SOUTH AFRIC
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2023-11-15, Before the Honourable: ACTING JUDGE PRESIDENT SEMENYA, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a 2008 white Nissan Hardbody 2.0 LWB SC 4X2 with registration number FVL 301 L seized by the
members of the South African Police on 10 October 2023 under case docket Makuya CAS 19/10/2023 and held at
Makuya police pound with reference Makuya SAP13/142/2023.
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998