Xolile Ndibongo

  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 obtained a preservation of property order in the High Court of
South Africa (East London Circuit Court) on 03 September 2024 in case number EL 1585 /2024 in relation to:
Cash to the value of R275 480 including interest, held in FNB account number 63082 953 605 which is the
proceeds of unlawful activities. (a copy of which can be obtained from the person motioned in par 9 hereunder.)
  .
  This notice is addressed to Xolile Ndibongo and all other 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.
  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.

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 15 NOVEMBER 2024                                No. 51536      37

   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:
         STATE ATTORNEY EAST LONDON// BHISHO
  17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
  Date submitted: 2024-09-05

                                                                                             Case No: 1653//2022
                                                                                                  Annexure: N/A
                                                                                    P/H or Docex Nr: 043 706 5100
                                    IN THE HIGH COURT OF SOUTH AFRICA
        (EASTERN DIVISION, EAST LONDON CIRCUIT LOCAL DIVISION, Eastern Cape / Oos-Kaap)
          EAST LONDON, 2022-10-04, BEFORE THE HONOURABLE MADAM JUSTICE STRETCH
               In the ex parte application of: The National Director of Public Prosecutions, Applicant
  In re: In re;R87 560 in cash that is proceeds of the Automated Teller Machine (ATM) bombing in Nqamakwe.