Notice
Court order seizes property linked to crime · Published 2024-09-06 · What is a POCA?
- Date
- 2023-11-11
Case
- Case number
- 8251/2024
- Court
- Limpopo Division, Polokwane
Asset description
in re: a silver Mitsubishi Colt motor vehicle with registration number FWJ 669 L, Chassis number ABJK76JFR1E065086 and Engine number 2JZ0584115, seized by members of the South African Police Services in the Makhado policing area on 11 November 2023 under case docket Makhado CAS 140/11/2023 and held at Makhado Police Station with reference SAP13/1327/2023. (a copy of the application and order can be obtained from the person mentioned in par 10 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 of 1998 in the High Court of South Africa
(Limpopo Division, Polokwane) on the 30 of JULY 2024 in case number 8251/2024 in relation to: in re: a silver
Mitsubishi Colt motor vehicle with registration number FWJ 669 L, Chassis number ABJK76JFR1E065086 and
Engine number 2JZ0584115, seized by members of the South African Police Services in the Makhado policing
area on 11 November 2023 under case docket Makhado CAS 140/11/2023 and held at Makhado Police Station
with reference SAP13/1327/2023. (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 33/24/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: 2024-08-28.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 6 September 2024 No. 51197 53
Case No: 4936/2024
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 2018 white Toyota Hilux bakkie with registration number JP22DZ GP seized by the members of the
South African Police Services (SAPS) on 16 December 2022 under case docket Mutale CAS 128/12/2022 and held at
Sibasa police pound with reference Mutale SAP13/237/2022; and
b) a 2020 white Mahindra pick - up with registration number KL 99 DM GP seized by the members of the
South African Police Services (SAPS) on 16 December 2022 under case docket Mutale CAS 109/12/2022 and held at
Sibasa police pound with reference Mutale SAP13/237/2022.
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 23RD day of May 2024 in case number 4936/2024 in relation to: a 2018
white Toyota Hilux bakkie with registration number JP22DZ GP seized by the members of the South African Police
Services (SAPS) on 16 December 2022 under case docket Mutale CAS 128/12/2022 and held at Sibasa police pound
with reference Mutale SAP13/237/2022 and
b) a 2020 white Mahindra pick - up with registration number KL 99 DM GP seized by the members of the
South African Police Services (SAPS) on 16 December 2022 under case docket Mutale CAS 109/12/2022 and held at
Sibasa police pound with reference Mutale SAP13/237/2022(a copy of the application and order can be obtained from
the person mentioned in par 10 hereunder).
1. This notice is addressed to Gichamo ZH at 68 Yeon Street, Yeoville Johannesburg and Abemo DT at no. 5
Anderson Street, Hartswater, Musina Limpopo Province 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