Notice

                                                                                                         Case No: 8184/2024
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
         POLOKWANE, 2024-07-29, Before the Honourable: JUDGE PRESIDENT MG PHATUDI, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
           In re: a white Toyota Hilux Bakkie with Registration number TGY 693 GP, Chassis number
AHTCS12G807503678 and Engine number 2KD1246014 seized by the members of South African Police Services on
11 February 2012 under Matlala CAS 84/02/2012 and held at Seshego Police Station with reference number SAP13
339/2012.
           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 of 1998 in the High Court of South Africa
(Limpopo Division, Polokwane) on the 29 of JULY 2024 in case number 8184/2024 in relation to: in re: a white Toyota
Hilux Bakkie with Registration number TGY 693 GP, Chassis number AHTCS12G807503678 and Engine number
2KD1246014 seized by the members of South African Police Services on 11 February 2012 under Matlala CAS
84/02/2012 and held at Seshego Police Station with reference number SAP13 339/2012. (a copy of the application
and order can be obtained from the person mentioned in par 10 hereunder).
           1)This notice is addressed to Mbongelani Gilbert Ndimande, an adult male person residing at 55 8th
Avenue,Alexandra,Gauteng Province.
           TAKE NOTE 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
31/24/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.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: NaStemele@npa.gov.za. Tel: (015) 045-0319.
           Date Submitted: 2024-08-19.

                                This gazette is also available free online at www.gpwonline.co.za
80  No. 51129                          GOVERNMENT GAZETTE, 30 August 2024