Thulisa Nyamende

Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?

Party: Thulisa Nyamende
ID / Reg no: AHTKA3FS600629815
Date: 2024-07-31

Case

Case number: 1999/2024
Court: EASTERN CAPE LOCAL DIVISION, MTHATHA

Parties addressed

Thulisa Nyamende

Asset description

re: A 2022 Toyota Fortuner with registration number JZW 169 EC and Chassis/VIN AHTKA3FS600629815 which is an instrumentality of an illegal activity, was seized on 4 September 2023 and is held under Queenstown CAS 02/09/23 (a copy of which can be obtained from the person motioned in par 9 hereunder .

Identifiers

VINs: AHTKA3FS600629815

From the gazette

9.Whenever this order states that you must deliver or serve any notice, affidavit or other process document
on the Applicant, deliver or serve them at: The State Attorney KwaZulu - Natal, 6th floor, Metropolitan Life Building,
391 Anton Lembede Street, Durban, Tel: (031) 365 2500 Fax: (031) 306 244, Ref: 119/0029146/24/M/P10 c/o H Smal,
State Attorney KZN, Magistrate's Court Building, cnr Otto and Church Street, Pietermaritzburg.
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Case No: 3028A/2024
041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, MAKHANDA)
MAKHANDA, 2024-07-30, Before Justice LAING
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In relation ;In re: A 2022 Toyota Fortuner with registration number JZW 169 EC and Chassis/VIN
AHTKA3FS600629815 which is an instrumentality of an illegal activity, was seized on 4 September 2023 and is
held under Queenstown CAS 02/09/23 (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 31 July 2024 in case number 3028A /2024 in relation to: re: A
2022 Toyota Fortuner with registration number JZW 169 EC and Chassis/VIN AHTKA3FS600629815 which is an
instrumentality of an illegal activity, was seized on 4 September 2023 and is held under Queenstown CAS 02/09/23 (a
copy of which can be obtained from the person motioned in par 9 hereunder
.
This notice is addressed to Thulisa Nyamende 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 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.

This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 30 Augustus 2024 No. 51129 73

Case No: 1999/2024
P/H or Docex Nr: 0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2024-05-22, JUSTICE KUNJU
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and Sive Mlungwana
In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
IN RESPECT OF ACT IN RESPECT OF A SUM OF R38 900.00 IN WHICH IS PROCEEDS OF UNLAWFUL
ACTIVITIES SEIZED BY SOUTH AFRICAN POLICE SERVICE ON 30 JANUARY 2024 AND HELD UNDER
BUTTERWORTH CAS 194/01/2024.
NOTICE IN TERMS OF SECTION 38 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 Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern Cape
Local Division, Mthatha) on 21 May 2024 in case number 1999/2024 in relation to a SUM OF R38 900.00 WHICH IS
PROCEEDS OF UNLAWFUL ACTIVITIES SEIZED BY SOUTH AFRICAN POLICE SERVICE ON 30 JANUARY 2024
AND HELD UNDER BUTTERWORTH CAS 194/01/2024.
This notice is addressed to Sive Mlungwana of Old Payne Location - Mthatha - Eastern Cape and all persons
who may have an interest.
TAKE NOTICE THAT:
1. If you have 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 finalized , 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 also are dealt with in section 39(4) and (5) of
the POCA . An appearance must comply with these requirements and must be delivered to the office of the State
Attorney at the address mentioned in paragraph 9 below.
4.Your attention is specifically drawn to the 14 day time limit prescribed in the section 39(4) for the entry of an
appearance referred 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 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 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.
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 specially advised that even if you intend to apply reconsideration of the preservation order in this

case, you must in addition comply with paragraph 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 documents
on the applicant you must deliver or serve them on the applicant at the following address :
The State Attorney : Mr. A. Ludidi, 1st Floor, Broadcast House, 94 Sission Street v Fortgale, Mthatha. Tel:
(047) 502-9900. ALudidi@justice.gov.za.
ANATHI LUDIDI O.B.O STATE ATTORNEY, 94 SISSION STREET, FORTAGALE MTHATHA. E-mail:
ALudidi@justice.gov.za. Tel: (047) 502-9900.
Date Submitted: 2024-08-22.
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This gazette is also available free online at www.gpwonline.co.za
74 No. 51129 GOVERNMENT GAZETTE, 30 August 2024