Gaundry Samuel Ngobeni residing at 15767 Extention 15, Jouberton and any other

Court order seizes property linked to crime · Published 2024-12-13 · What is a POCA?

Party
Gaundry Samuel Ngobeni residing at 15767 Extention 15, Jouberton and any other
Date
2024-09-26

Case

Case number
4833/2024
Court
North West Division, Mahikeng

Parties addressed

  • Gaundry Samuel Ngobeni residing at 15767 Extention 15, Jouberton and any other

Asset description

The sum of R29 800 in cash seized by members of the SAPS under Klerksdorp SOCIU enquiry Cas 04/06/2023 and deposited into the SAPS Klerksdorp bank account under taking number 158587308 and receipt number 28893854. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                    Case No: 4833/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                        (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
           MMABATHO, 2024-09-26, BEFORE THE HONOURABLE MR JUSTICE PETERSON ADJP
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: The sum of R29 800 in cash seized by members of the SAPS under Klerksdorp SOCIU enquiry Cas
04/06/2023 and deposited into the SAPS Klerksdorp bank account under taking number 158587308 and receipt
number 28893854.
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 26 SEPTEMBER 2024 in case number 4833/2024 in relation to:
  The sum of R29 800 in cash seized by members of the SAPS under Klerksdorp SOCIU enquiry Cas
04/06/2023 and deposited into the SAPS Klerksdorp bank account under taking number 158587308 and receipt
number 28893854. (a copy of the application and order can be obtained from the person mentioned in par 9
hereunder).
  This notice is addressed to Gaundry Samuel Ngobeni residing at 15767 Extention 15, Jouberton 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)

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 13 DESEMBER 2024                               No. 51719      41

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.
   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: 2536/24/ 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: 2024-12-06

                                                                                  Case No: 5000/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                        (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
           MMABATHO, 2024-09-26, BEFORE THE HONOURABLE MR JUSTICE PETERSON ADJP
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A Grey Mercedes-benz W204 C180 light passenger vehicle with register number PHC531W, License
number KP45JMGP, chassis number WDD2040492R189877 seized on 19 January 2023 and held at Rustenburg
Police Station under Midrand Cas number 656/05/2022.
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 26 SEPTEMBER 2024 in case number 5000/2024 in relation to:
  A Grey Mercedes-benz W204 C180 light passenger vehicle with register number PHC531W, License number
KP45JMGP, chassis number WDD2040492R189877 seized on 19 January 2023 and held at Rustenburg Police
Station under Midrand Cas number 656/05/2022. (a copy of the application and order can be obtained from the
person mentioned in par 9 hereunder).
   This notice is addressed to the following persons; Fred Wakka an adult male who resides at 1 Hordin Street,
Safari Tuine, Rustenburg 2152, Naomi Ngwenya an adult female person who resides at The Hills Eco Estate
Unit 67 Albatross Street Hillstead North Mooikloof, Pretoria 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.

Source