Maria Phutiagae in her capacity as the registered title holder and owner of the
Court order seizes property linked to crime · Published 2024-12-06 · What is a POCA?
- Party
- Maria Phutiagae in her capacity as the registered title holder and owner of the
- Date
- 2024-09-12
Case
- Case number
- 4708/2024
- Court
- North West Division, Mahikeng
Parties addressed
- Maria Phutiagae in her capacity as the registered title holder and owner of the
Asset description
A White Opel Corsa 1.4 Pick-up light load vehicle with registratration number DCZ011ZK, Licence number KTZ422NW, chassis number ADMXF80JG84513500 seized on 17 April 2024 and held at Klerksdorp Vehicle Identification Safeguarding Unit under Makwassie CAS NO 52/04/2024. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: 4708/2024
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
MMABATHO, 2024-09-12, BEFORE THE HONOURABLE MADAM JUSTICE SMIT AJ
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A White Opel Corsa 1.4 Pick-up light load vehicle with registratration number DCZ011ZK, Licence number
KTZ422NW, chassis number ADMXF80JG84513500 seized on 17 April 2024 and held at Klerksdorp Vehicle
Identification Safeguarding Unit under Makwassie CAS NO 52/04/2024.
AN APPLICATION IN TERMS OF SECTION 38(1) OF THE PREVENTION OF ORGANISED CRIME ACT 121
OF 1998
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
(North West Division, Mahikeng) on 12 SEPTEMBER 2024 in case number 4708/2024 in relation to:
A White Opel Corsa 1.4 Pick-up light load vehicle with registratration number DCZ011ZK, Licence number
KTZ422NW, chassis number ADMXF80JG84513500 seized on 17 April 2024 and held at Klerksdorp Vehicle
Identification Safeguarding Unit under Makwassie CAS NO 52/04/2024. (a copy of the application and order can
be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Maria Phutiagae in her capacity as the registered title holder and owner of the
property and any 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 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 POCA.
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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 06 DESEMBER 2024 No. 51699 47
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 address:
The State Attorney: Attorneys for Applicant First Floor East Gallery, Mega City, 3139 Sekame Street
Mmabatho
TEL: 018 384 0269/0161/0315
REF: 2531/24/ P2
National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road Mmabatho 2735, Tel: 018-381-9017, Email: MMahlafore@npa.gov.za.
Date submitted: 2024-11-28
Case No: 4710/2024
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
MMABATHO, 2024-09-12, BEFORE THE HONOURABLE MADAM JUSTICE SMIT AJ
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A White Toyota Hilux DC 2.4 GD-6 RB Pick up light load vehicle with register number GZZ138L, License
number KVB047NW, chassis number AHTJB8DD804754799 seized on 11 April 2024 and held at Klerksdorp
Vehicle Identification Safeguarding Unit under Makwassie CAS NO 44/04/2024.