Nonzolela Cordelia Mbakaza, Ivan Sipho Manyoni, David Wilfred Manana and all other
Court order seizes property linked to crime · Published 2024-10-18 · What is a POCA?
- Party
- Nonzolela Cordelia Mbakaza, Ivan Sipho Manyoni, David Wilfred Manana and all other
- ID / Reg no
- 2019/529807/07
Case
Parties addressed
- Nonzolela Cordelia Mbakaza, Ivan Sipho Manyoni, David Wilfred Manana and all other
Identifiers
- Cash amount
- R108 991.82
- Company regs
- 2019/529807/07
From the gazette
Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
This notice is addressed to Nonzolela Cordelia Mbakaza, Ivan Sipho Manyoni, David Wilfred Manana and all other
persons who may have an interest in the amount of R108 991.82 together with interest thereon held in Nedbank
Investment account number 742520979998 transferred from Nedbank account number 1253606250 in the name
of Coriva Logistics (Pty) Ltd with registration number 2019/529807/07(the property).
Take notice that:
2The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained a
preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from
the State Attorney, Nelspruit.
3 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.
4 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.
5 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 in sections 39(3), (4) and (5)
of the POCA. An appearance must comply with these requirements.
6 Your attention 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.
7 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.
8 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.
9 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;
10 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 5 and 6 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.
11 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:
OFFICE OF THE STATE ATTORNEY, MBOMBELA
Attorneys for Applicant
Mpumalanga High Court Building
State Attorney Nelspruit
R104 Samora Machel Drive
3rd Floor Admin Block
West Wing, NELSPRUIT
c/o: Office of The Director of Public Prosecutions, Mpumalanga
Middelburg Local Office
4 O.R Tambo Street
Middelburg
REF: NAFU 4/7/2024 (CorivaInv)/EEM
TEL: 013 045 0709
Email: npisane@npa.gov.za
Any correspondence or other enquiries must also be directed to this address or contact number.
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This gazette is also available free online at www.gpwonline.co.za
18 No. 51554 GOVERNMENT GAZETTE, 18 October 2024