Notice

  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
   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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Pretoria) on 25 July 2024, in case number 076903/2024 in relation to:
  1. cash amount of R8 000 seized by the police in the Brits policing area on 13 September 2023 under police
    docket Brits CAS 258/09/2023 and held in the SAP13 at Brits police station with reference number
SAP13/707/2023;
  2. And a cash amount of R5 000 seized by the police in the Brits policing area under police docket Brits CAS
260/09/2023 and held in the SAP13 at Brits police station with reference number SAP13/708/2023.
  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder .
  This notice is addressed to
  (1.) Ronald Tazinya Nkengaka, whose last known address is number 21 Xanadu Street, Brits, North West;
Province;
  (2.) Joseph Wachira, whose last known address is at number 77 Pienaar Street, Brits, North West Province;
and
  (3.) Mary Wanjiru Wachira, whose last known address is at number 77 Pienaar Street, Brits, North West
Province.
  And to all persons who may have an interest in the property described above.
  Take notice that:
  1. 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.
  2. 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 forfeiture order. The preservation order will remain in force until the
application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
   3. 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 Act. An appearance must comply with these requirements and must be delivered to the
office of the State Attorney at the address mentioned in paragraph 9, below.
  4. 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 3 above;
  5. 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;
   6. 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 Act;
   7. 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.
   8. 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.

  9. 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 addresses: State Attorney,

                           This gazette is also available free online at www.gpwonline.co.za
   22     No. 51487                   GOVERNMENT GAZETTE, 01 NOVEMBER 2024