Mekonnen DY
Court order seizes property linked to crime · Published 2024-10-11 · What is a POCA?
- Party
- Mekonnen DY
- Date
- 2024-03-13
Case
- Case number
- 453/2024
- Court
- Limpopo Local Division, Polokwane
Parties addressed
- Mekonnen DY
Asset description
a white 2014 Nissan NP200 motor vehicle with registration number FG 29 YT GP, seized by members of the South African Police Service in the Musina policing area on 28/08/2023,under case docket Musina CAS 330/08/2023 and held at the South African Revenue Services Warehouse in Musina.(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1)
From the gazette
330/08/2023 and held at the South African Revenue Services Warehouse in Musina.
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 January 2023 in case number 453/2024 in relation to: a white 2014
Nissan NP200 motor vehicle with registration number FG 29 YT GP, seized by members of the South African Police
Service in the Musina policing area on 28/08/2023,under case docket Musina CAS 330/08/2023 and held at the South
African Revenue Services Warehouse in Musina.(a copy of the application and order can be obtained from the person
mentioned in par 10 hereunder).
1) This notice is addressed to Mekonnen DY, residing at House number 6698,Shalom House, Nivana,
Gauteng Province and all other persons who may have an interest in the property described above.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 11 Oktober 2024 No. 51388 49
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 01/24/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: 2024-09-30.
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Case No: 8666/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2024-08-07, Before the Honourable: ACTING JUDGE BRESLER A J, in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a) a white Toyota Fortuner motor vehicle with registration number DYH 520 L, seized by members of
the South African Police Services in the Westenburg policing area on 13 March 2024 under case docket Westenburg
CAS 184/03/2024 and held at Westenburg Police Station with reference SAP13/172/2024. b) a white Mercedes Benz
Sprinter motor vehicle with registration number KW 36 SM GP, seized by members of the South African Police Services
in the Westenburg policing area on 13 March 2024 under case docket Westenburg CAS 185/03/2024 and held at
Westenburg Police Station with reference SAP13/173/2024.
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 07 of Aug 2024 in case number 8666/2024 in relation to: in re: