Amogelang Ofentse Moloko residing at 1069,Moshate Village,next to Terra

Court order seizes property linked to crime · Published 2024-11-22 · What is a POCA?

Party
Amogelang Ofentse Moloko residing at 1069,Moshate Village,next to Terra

Case

Case number
6196/2024
Court
Limpopo Local

Parties addressed

  • Amogelang Ofentse Moloko residing at 1069,Moshate Village,next to Terra

Asset description

a blue Toyota Hilux bearing registration number FFL 684 L seized by members of the South African Police Services and held at the Modimolle police station under case Modimolle CAS 90/06/22 with reference SAP 13/618/2022 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder) .

From the gazette

  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 28 June 2024 case number 6196/2024 in relation to: a blue Toyota Hilux bearing
  registration number FFL 684 L seized by members of the South African Police Services and held at the
  Modimolle police station under case Modimolle CAS 90/06/22 with reference SAP 13/618/2022 (a copy of the
  application and order can be obtained from the person mentioned in par 10 hereunder) .

  1. This notice is addressed to Amogelang Ofentse Moloko residing at 1069,Moshate Village,next to Terra
  Tavern,Mokopane, Limpopo Province.
  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 fora 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,

                           This gazette is also available free online at www.gpwonline.co.za
   48      No. 51631                    GOVERNMENT GAZETTE, 22 NOVEMBER 2024

Source