the following interested parties:

Court order seizes property linked to crime · Published 2024-10-11 · What is a POCA?

Party
the following interested parties:
Date
2023-03-17

Case

Case number
9333/2024
Court
Limpopo Local Division, Polokwane

Parties addressed

  • the following interested parties:

Asset description

in re: a) a white TATA NOVUS K5DEF tipper truck with registration number KLT851MP loaded with chrome and seized by members of the South African Police Services at Moroke in the Mecklenburg policing area on 17 March 2023 under case docket Mecklenburg CAS 113/03/2023 and held at Mecklenburg police pound with reference Mecklenbug SAP13/103/2023. b) a white international truck with registration number HP89PXGP hauling a blue trailer with registration number YGT634GP loaded with ferrochrome and seize

From the gazette

                                                                                                          Case No: 9333/2024
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (LIMPOPO LOCAL DIVISION, POLOKWANE)
        POLOKWANE, 2024-08-26, 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) a white TATA NOVUS K5DEF tipper truck with registration number KLT851MP loaded with chrome
and seized by members of the South African Police Services at Moroke in the Mecklenburg policing area on 17 March
2023 under case docket Mecklenburg CAS 113/03/2023 and held at Mecklenburg police pound with reference
Mecklenbug SAP13/103/2023. b) a white international truck with registration number HP89PXGP hauling a blue trailer
with registration number YGT634GP loaded with ferrochrome and seized by members of the South African Police
Services at Burgersfort on 13 January 2022 under case docket Burgersfort CAS 106/01/2022 and held at Westenburg
police pound with reference number SAP13/24/2022.
     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 August 2024 case number 9333/2024 in relation to in re:
           a) a white TATA NOVUS K5DEF tipper truck with registration number KLT851MP loaded with chrome and
seized by members of the South African Police Services at Moroke in the Mecklenburg policing area on 17 March 2023
under case docket Mecklenburg CAS 113/03/2023 and held at Mecklenburg police pound with reference Mecklenbug
SAP13/103/2023.
           b) a white international truck with registration number HP89PXGP hauling a blue trailer with registration
number YGT634GP loaded with ferrochrome and seized by members of the South African Police Services at
Burgersfort on 13 January 2022 under case docket Burgersfort CAS 106/01/2022 and held at Westenburg police pound
with reference number SAP13/24/2022. (a copy of the application and order can be obtained from the person mentioned
in par 10 hereunder).
           1) This notice is addressed to the following interested parties:
           a) Zweli Magongo,residing at number 08 Bok Street, Nelpruit;
           b) Maxwell Baradza,residing at Delmas,Mpumalanga; and
           c) T.T Chikwavaire, residing at Whiteriver,Mpumalanga
           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
46  No. 51388                         GOVERNMENT GAZETTE, 11 October 2024

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