the following interested parties:

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

Party
the following interested parties:

Case

Case number
9712/2024
Court
Limpopo Local

Parties addressed

  • the following interested parties:

Asset description

in re: a) a white UD Nissan truck with registration number DGJ 072 FS. b) a white Isuzu F-series truck with registration number HP 41 LG GP. c) a white Toyota Hilux with registration number HPK 219 MP. d) a cash amount of R 20 000,00. All seized by members of South African Police Service on the 28 July 2022 under case docket Mogwadi CAS 78/07/2022 and all held at Mogwadi police pound with reference Mogwadi SAP13/69/2022, SAP 13/70/2022, SAP13/71/2022 and SAP13/72/2022. (a copy of the application

Identifiers

Cash amount
R20 000,00

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 25 October 2023 case number 9712/2024 in relation to in re:
  a) a white UD Nissan truck with registration number DGJ 072 FS.
  b) a white Isuzu F-series truck with registration number HP 41 LG GP.
  c) a white Toyota Hilux with registration number HPK 219 MP.
  d) a cash amount of R 20 000,00.
  All seized by members of South African Police Service on the 28 July 2022 under case docket Mogwadi CAS
  78/07/2022 and all held at Mogwadi police pound with reference Mogwadi SAP13/69/2022, SAP 13/70/2022,
  SAP13/71/2022 and SAP13/72/2022. (a copy of the application and order can be obtained from the person
mentioned
  in par 10 hereunder) .

  1. This notice is addressed to the following interested parties:

                           This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 22 NOVEMBER 2024                                  No. 51631       49

  a) Abdullahi Mukhtar Ibrahim an adult male residing at Flat no 12 Television HO, 136 Central Avenue,Myfair,
Gauteng
  Province.
  b) Samuel Tumebo Kerebo, an adult male residing at number 458 Silver Street next to Kwagga Centre
Mall,Pretoria
  West,Gauteng 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 for a 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,
  and within 8 days of becoming aware of the order, apply for reconsideration of the order.
   9)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.
  10)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:

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

Source