Lindiwe Siziba residing at 4159 Nancefield, Musina, Limpopo Province and Selina
Court order seizes property linked to crime · Published 2024-08-02 · What is a POCA?
- Party
- Lindiwe Siziba residing at 4159 Nancefield, Musina, Limpopo Province and Selina
- Date
- 2024-05-15
Case
- Case number
- 5783/2024
- Court
- Limpopo Local
Parties addressed
- Lindiwe Siziba residing at 4159 Nancefield, Musina, Limpopo Province and Selina
Asset description
a) a cash amount of R545 540.00 seized by the members of the South African Police Service in the Musina policing area on 15 May 2024 under case docket Musina CAS 107/05/2024 and held in the SAP13 Store in Musina with reference SAP13/559/2024. (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder). 1.
Identifiers
- Cash amount
- R545 540.00
From the gazette
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 07 JUNE 2024 in case number 5783/2024 in relation to: a) a cash amount of R545 540.00
seized by the members of the South African Police Service in the Musina policing area on 15 May 2024 under case
docket Musina CAS 107/05/2024 and held in the SAP13 Store in Musina with reference SAP13/559/2024. (a copy of
the application and order can be obtained from the person mentioned in par 14 hereunder).
1. This notice is addressed to Lindiwe Siziba residing at 4159 Nancefield, Musina, Limpopo Province and Selina
Mutatiri at Beitbridge
Zimbabwe and all other persons who may have an interest in the property described above.
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 18/24/NT
His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086 452 8838
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 2 Augustus 2024 No. 51006 35
Any correspondence or other enquiries must also be directed to this address or contact number.
----------oo0oo----------
Case No: 2024 - 008176
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2024-02-13, BEFORE THE HONOURABLE JUSTICE Ledwaba DJP IN CHAMBERS
In the matter between: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a black Audi sedan A6 with registration number KGS 018 MP, VIN number WAUZZZ4F45N027886 and Engine
number BAT002081 seized by members of the South African Police Service on 26 November 2022 in the Rietgat
Policing area under case docket Rietgat CAS 349/03/2022 and held at Pretoria West police pound with reference
SAP13 1133/2022