1) Patience Kona Mutomba

Court order seizes property linked to crime · Published 2024-12-06 · What is a POCA?

Party
1) Patience Kona Mutomba
Date
2024-09-13

Case

Case number
2024-101475
Court
GAUTENG DIVISION, PRETORIA, Gauteng

Parties addressed

  • 1) Patience Kona Mutomba

Asset description

1. Electronic equipment seized by members of the South African Police Services in the Pretoria North policing area on 26 June 2023 under case docket Pretoria North CAS 328/06/2023 and held at Pretoria North SAPS with reference SAP 13/577/23, and, A cash amount of R11 300 seized by the members of the SAPS in Pretoria North policing area on 26 June 2023 unde case docket Pretoria North CAS 328/06/2023 held in the SAPS suspense account with tracking number 178659142 and receipt number 31648832. (a c

Identifiers

Cash amount
R11 300

From the gazette

  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(Gauteng     Division, Pretoria) on 13 September 2024in case number 2024-101475in relation to: 1.
Electronic equipment seized by members of the South African Police Services in the Pretoria North policing area
on 26 June 2023 under case docket Pretoria North CAS 328/06/2023 and held at Pretoria North SAPS with
reference SAP 13/577/23, and, A cash amount of R11 300 seized by the members of the SAPS in Pretoria North
policing area on 26 June 2023 unde case docket Pretoria North CAS 328/06/2023 held in the SAPS suspense
account with tracking number 178659142 and receipt number 31648832.
  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder .)
   This notice is addressed to 1) Patience Kona Mutomba, whose last known address is number 750 Lieneta
Street, Dorandia, Pretoria North, Gauteng Province and 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: THE STATE

ATTORNEY: Mr K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria.His contact details are as
follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. REF:
Mr K Kgaphola/2015/24/Z56. Email: KKgapola@justice.gov.za and PKhoba@npa.gov.za
  National Prosecuting Authority ( Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON, Tel: 0128456368, Email: ClSibiya@npa.gov.za.
  Date submitted: 2024-11-25

                                                                     Case No: 2024-104694
                               IN THE HIGH COURT OF SOUTH AFRICA
                              (GAUTENG DIVISION, PRETORIA, Gauteng)
        PRETORIA, 2024-09-18, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 06 DESEMBER 2024                               No. 51699      23

    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT,
                                                  Applicant
In re: 1. An amount of R1 273 049 and accrued interest held in First National Bank account number 6311372803
in the name of WOMAN AGAINST POVERTY AND HUNGER (PTY) LTD, with registration number
2022/79340107 2. An amount of R244 039.69 held in Capitec account number 1052213979 in the name of
Woman Against Poverty and Hunger 3. An amount of R4 228.50 and interest held in Capitec account number
4001549700 in the name of Woman Against Poverty and Hunger 4. An amount of R13 722.85 and interest held in
Capitec account number 1114979935 in the name of Kelebogile Precious Phumo
  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(Gauteng Division, Pretoria) on 18 September 2023in case number 2024-104694in relation to: 1. An
amount of R1 273 04.40 and accrued interest held in FNB account number 6311372803 in the name of Woman
Against Poverty and Hunger (PTY) LTD with registration number 2022/79340107,
  2. An amount of R244 039.69 and accrued interest held in Capitec account in the name of Woman Against
Poverty and Hunger,
 3. An amount of R4 228.50 with accrued interest held in Capitec account number 4001549700 in the name of
Woman Against Poverty and Hunger,
  4. An amount of R13 722.85 and accrued interest held in Capitec account number 1114979935 in the name of
Kelebogile Precious Phumo.
  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder .)
  This notice is addressed to 1) Woman Against Poverty and Hunger (PTY) LTD and Kelebogile Precious
Phumo, whose last known address is number 57 North Rand Road, Kempton Park, Johannesburg, Gauteng
Province, and 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;

Source