Mbali December ID 9808240932084 whose last know address is 749 Kwapata

                                                                                    Case No: B3773/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        (Gauteng Division, Pretoria, Gauteng)
                                           Pretoria, 2024-10-22, Kubushi J
In the ex parte application of: National Director of Public Prosecutions, Applicant
In re: 1. An amount of R117 015.90 and interest accrued held in Tyme Bank suspense account 51000000128
with reference GFD-156099 that were secured from Tyme Bank account 51019481074 in the name of Mbali
December, and 2. An amount of R30 000 and interest accrued held in Capitec Bank account 1685614351 in the
name of Ivy Xoliswa Phewa.
  Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
  This notice is addressed to Mbali December ID 9808240932084 whose last know address is 749 Kwapata
Location, Edendale, Pietermaritzburg 3201 (KZN) and Ivy Xoliswa Phewa ID 7710060579080 whose last know
address is 749 Kwapata Location, Edendale, Pietermaritzburg 3201 (KZN)
   Mbali December and Ivy Xoliswa Phewa and all other persons who have an interest in certain property
(hereinafter referred to as “ the property”) namely all balances and accrued interest held in Tyme Bank suspense
account 51000000128 with reference GFD-156099 that were secured from Tyme Bank account 51019481074 in
the name of Mbali December, and An amount of R30 000 and interest accrued held in Capitec Bank account
1685614351 in the name of Ivy Xoliswa Phewa.
  Take notice that:
   1 The National Director of Public Prosecutions ( National Director) has obtained a preservation of property
order ( the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of
the property;
  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 in sections 39(3),
(4) and (5) of the POCA. An appearance must comply with these requirements.
  5 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 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:
  THE STATE ATTORNEY
  Applicant's Attorneys
  Mr Kgaphola
  316 Thabo Sehume Street

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   28      No. 51699                    GOVERNMENT GAZETTE, 06 DECEMBER 2024