Fhulefo Michael Raphalalani,an adult male person residing at Tshikudini Village

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

Party
Fhulefo Michael Raphalalani,an adult male person residing at Tshikudini Village
Date
2022-07-31

Case

Case number
6557/2024
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Fhulefo Michael Raphalalani,an adult male person residing at Tshikudini Village

Asset description

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 C

Identifiers

Cash amount
R11 622

From the gazette

         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;

          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;

                                This gazette is also available free online at www.gpwonline.co.za
56  No. 51197                       GOVERNMENT GAZETTE, 6 September 2024

Source