Gichamo ZH at 68 Yeon Street, Yeoville Johannesburg and Abemo DT at no

                                                                                                          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

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
12/24/NT.

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54  No. 51197                        GOVERNMENT GAZETTE, 6 September 2024