Notice
Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?
- Date
- 2023-12-23
Case
- Case number
- 4935/2024
- Court
- Limpopo Division, Polokwane
Asset description
in re: a grey Nissan 1400 with registration number KX 27 WD GP seized by the members of the South African Police Service in the Pienaarsrivier police area on 23 December 2023 under case docket Pienaarsrivier CAS 591/12/2023 and held at Pienaarsrivier SAPS pound with reference SAP13/178/2023.(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1)
Identifiers
- Cash amount
- R65 500
From the gazette
Case No: 4935/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2024-05-23, Before the Honourable: JUDGE PRESIDENT M.G PHATUDI, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a grey Nissan 1400 with registration number KX 27 WD GP seized by the members of the South African
Police Service in the Pienaarsrivier police area on 23 December 2023 under case docket Pienaarsrivier CAS
591/12/2023 and held at Pienaarsrivier SAPS pound with reference SAP13/178/2023.
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 23 of MAY 2024 in case number 4935/2024 in relation to: in re: a grey Nissan
1400 with registration number KX 27 WD GP seized by the members of the South African Police Service in the
Pienaarsrivier police area on 23 December 2023 under case docket Pienaarsrivier CAS 591/12/2023 and held at
Pienaarsrivier SAPS pound with reference SAP13/178/2023.(a copy of the application and order can be obtained from
the person mentioned in par 10 hereunder).
1)This notice is addressed to Motiang residing at 1734 Block Mokone, Sinkwater, Hammanskraal, Pretoria,
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 13/24/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.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 30 Augustus 2024 No. 51129 81
Case No: 1067/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
POLOKWANE, 2024-08-08, Before the Honourable: Acting Judge Bresler
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: a 2004 blue BMW Sedan 3series motor vehicle with registration number RND 855 GP and Chassis
number WBAET760X0NU71853 and Engine number A305H219 seized by the members of the South African Police
Services near Roedtan policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound
with reference SAPS 13 -31/2022.
A Cash amount of R65 500-00 seized by the members of the South African Police Services near Roedtan
policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13
-26/2022.
IN THE APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 OF THE PREVENTION OF
ORGANISED CRIME ACT NO 121 OF 1998
Before the Honourable Acting Judge Bresler on the 08th day of August 2024
Having read the documents filed of record and having considered the matter:
IT IS HEREBY ORDERED THAT:
1. An order is granted in terms of the prevention of section 50 of the Prevention of organized Crime Act 121
0f 1998 (POCO) declaring forfeit to the state the following property.
1. 1This application concerns property being: a 2004 blue BMW Sedan 3series motor vehicle with registration
number RND 855 GP and Chassis number WBAET760X0NU71853 and Engine number A305H219 seized by
the members of the South African Police Services near Roedtan policing area on 07 April 2022 under Roedtan
CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13 -31/2022;
1.2 A Cash amount of R65 500-00 seized by the members of the South African Police Services near Roedtan
policing area on 07 April 2022 under Roedtan CAS 09/04/2022 held at Roedtan Police pound with reference SAPS 13
-26/2022.
2. In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
3. Subject to paragraph 4 below, the property shall remain in the custody of South African Police Service at
Marble Police Staion under the control and supervision of Captain Mokgaetji Leah Bodiba a police officer employed by
SAPS.
4. Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette,
Gennefer Thapedi Molokoane, or any other duly authorised employee of the Applicant, is authorised to:
4.1 assume control of the property on behalf of the applicant;
4.2 sell the movable property at best, either by public auction or private treaty;
4.3 sign all documentation necessary to effect the sale, transfer and registration of the movable property; and
4.4 deposit cash and the proceeds from the sale of the movable property, less any commission and incidental
expenses occasioned by the sale, into the Criminal Asset Recovery Account established under section 63 of POCA,
account number 80303056 held at the South African Reserve Bank, Vermeulen Street, Pretoria.
5. Captain Mokgaetji Leah Bodiba shall as soon as possible but not later than or within a period of 90 day of
this order coming into effect, file a report with the applicant indicating the manner in which she complied with the terms
of this Order.
6. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days
after he or she has acquired knowledge of such order, set the matter down for variation or rescission by the court.
7. The applicant accordingly seeks an order from this honourable court dispensing with the need for a curator
bonis to be appointed.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: Amatshika@npa.gov.za. Tel: (015) 045-0205.
Date Submitted: 2024-08-22.
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This gazette is also available free online at www.gpwonline.co.za
82 No. 51129 GOVERNMENT GAZETTE, 30 August 2024