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Thobela Elias Mputhi

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

Party
Thobela Elias Mputhi
Date
2024-11-12

Case

Parties addressed

  • Thobela Elias Mputhi

Asset description

In re: Cash to the value of R270 000, including interest, in ABSA bank account number 411 643 226 4 which is the proceeds of unlawful activities (a copy of which can be obtained from the person motioned in par 9 hereunder.)

From the gazette

 
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 (Eastern Cape Division East London) on 12 November 2024 in case number EL 2017 /2024 in
relation to: In re: Cash to the value of R270 000, including interest, in ABSA bank account number 411 643 226 4
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 Thobela Elias Mputhi 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.

                           This gazette is also available free online at www.gpwonline.co.za
   38      No. 51699                    GOVERNMENT GAZETTE, 06 DECEMBER 2024

Source