Mike Nkhoma and to all persons who may have an

                                                                                            Case No: 20390/24
                                  IN THE HIGH COURT OF SOUTH AFRICA
     (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap) CAPE TOWN, 2024-10-15,
                     BEFORE THE HONOURABLE MS ACTING JUSTICE DLAMINI-SMIT
  In the matter between: The National Director of Public Prosecutions Applicant, Applicant In re: 1996 Nissan
 Truck, with registration number CAA 140483 Application for a preservation of property order in terms of section
                            38 of the Prevention of Organised Crime Act 121 of 1998.
   ANNEXURE A 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 Organised Crime Act, No. 121 of 1998
in the High Court Of South Africa (Western Cape Division, Cape Town) on the 15th day of October 2024, in
case number 20390/24, in relation to: a 1996 Nissan Truck, with registration number CAA 140483, seized by
members of the SAPS on 08 September 2020 near Gansbaai, in the Overberg Region of the Western Cape,
under reference Gansbaai CAS 28/09/2020. (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder). This notice is addressed to Mike Nkhoma 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 a 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 POCA. 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 POCA.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 address. The State Attorney: Ms Colleen Bailey, 4th Floor, 22 Long Street Cape Town. Her
contact details are as follows: Private Bag X 9001, Cape Town, 8000, Tel: 078 549 5997 / 021 441 9206, Email:
CoBailey@justice.gov.za

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   50     No. 51524                    GOVERNMENT GAZETTE, 08 NOVEMBER 2024