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
4710/2024
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 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. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

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 4710/2024 in relation to:
   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. (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.

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

Source