Gary Mitchell of Triton SA situated at Portion 49 Farm Olifantspoortjie 319KT in

Court order seizes property linked to crime · Published 2024-09-06 · What is a POCA?

Party
Gary Mitchell of Triton SA situated at Portion 49 Farm Olifantspoortjie 319KT in

Case

Case number
5198/2024
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Gary Mitchell of Triton SA situated at Portion 49 Farm Olifantspoortjie 319KT in

Asset description

the 2984,04 tons of chrome seized by members of the South African Police Service (SAPA) at Triton SA premises on 12/12/2023 under case docket Burgersfort CAS 159/12/2023 and the 1635,84 tons of chrome found at Spitskop Portion 12 and seized by members of the SAPS under Enquiry 05/01/2024 and held at Samancor Mine in Steelpoort.(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

          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.
                                                    ----------oo0oo----------
                                                                                                         Case No: 5198/2024
                                          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: 2984,04 tons of chrome seized by members of the South African Police Service (SAPA) at Triton SA
 premises on 12/12/2023 under case docket Burgersfort CAS 159/12/2023 and the 1635,84 tons of chrome found at
 Spitskop Portion 12 and seized by members of the SAPS under Enquiry 05/01/2024 and held at Samancor Mine in
 Steelpoort.
      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 23 May 2024 in case number 5198/2024 in relation to the 2984,04 tons of
 chrome seized by members of the South African Police Service (SAPA) at Triton SA premises on 12/12/2023 under
 case docket Burgersfort CAS 159/12/2023 and the 1635,84 tons of chrome found at Spitskop Portion 12 and seized by
 members of the SAPS under Enquiry 05/01/2024 and held at Samancor Mine in Steelpoort.(a copy of the application
 and order can be obtained from the person mentioned in par 10 hereunder).
            1. This notice is addressed to Gary Mitchell of Triton SA situated at Portion 49 Farm Olifantspoortjie 319KT in
 Steelpoort, Burgersfort and on Samancor Mine situated at Eastern Chrome Mines,Samancor, Steelpoort, Burgersfort
 in the Limpopo Province.
            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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 6 September 2024                                          No. 51197   55

         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
14/24/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.
                                                   ----------oo0oo----------
                                                                                                       Case No: 6557/2024
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
       POLOKWANE, 2024-06-26, Before the Honourable: JUDGE PRESIDENT M.G PHATHUDI, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
          In re: a) In re: A 2012 white Toyota Hilux 2.5 4x4 Single CAB with registration number DKN 278 L Chassis
number AHTDR22G305522446 and Engine number 2KD5665221 seized by members of the South African Police
Services near Tshamtumbu on 31 July 2022 under case docket Tshamtumbu CAS 02/08/2022 and held at Tshamtumbu
Police Station with reference SAP 13 133/2022.
          b) An amount of R11 622-00 cash seized by members of the South African Police Services near Tshamtumbu
on 31 July 2022 under case docket Tshamtumbu CAS 02/08/2022 and held at Tshamtumbu Police Station with
reference SAP 13 133/2022.
    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 26 June 2024 case number 6557/2024 in relation to in re:
          a) 2012 white Toyota Hilux 2.5 4x4 Single CAB with registration number DKN 278 L Chassis number
AHTDR22G305522446 and Engine number 2KD5665221 seized by members of the South African Police Services
near Tshamtumbu on 31 July 2022 under case docket Tshamtumbu CAS 02/08/2022 and held at Tshamtumbu Police
Station with reference SAP 13 133/2022.
          b) An amount of R11 622-00 cash seized by members of the South African Police Services near Tshamtumbu
on 31 July 2022 under case docket Tshamtumbu CAS 02/08/2022 and held at Tshamtumbu Police Station with
reference SAP 13 133/2022.(a copy of the application and order can be obtained from the person mentioned in par 14
hereunder).
          1. This notice is addressed to Fhulefo Michael Raphalalani,an adult male person residing at Tshikudini Village
next to Tshipise Forever Resort Musina, Limpopo Province.
          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;

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