Vuyo Edward Mlimi

Court order seizes property linked to crime · Published 2025-02-07 · What is a POCA?

Party
Vuyo Edward Mlimi
Date
2024-11-22

Case

Case number
2024-132192
Court
Gauteng Division, Gauteng

Parties addressed

  • Vuyo Edward Mlimi

Asset description

a white Volkswagen Polo 1.41MANBASE Hatch back, with vehicle register number GHL792S, chassis number AAZZZ9NZ6U026574, engine number BLM018437, and licence number LP78LBGP that was seized by members of the South African Police Service on 19 May 2024 and kept at Pretoria West Vehicle Safeguarding Services under Temba CAS 473/05/2024 and SAP 13/1444/2024 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder) .

From the gazette

  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 07 FEBRUARIE 2025                               No. 52050      25

   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(Gauteng Division,Pretoria) on 22 November 2024 in case number 2024-132192 in relation to: a white
Volkswagen Polo 1.41MANBASE Hatch back, with vehicle register number GHL792S, chassis number
AAZZZ9NZ6U026574, engine number BLM018437, and licence number LP78LBGP that was seized by members
of the South African Police Service on 19 May 2024 and kept at Pretoria West Vehicle Safeguarding Services
under Temba CAS 473/05/2024 and SAP 13/1444/2024 (a copy of the application and order can be obtained from
the person mentioned in par 9 hereunder) .
   This notice is addressed to Vuyo Edward Mlimi, whose last address is number 209 Block XX, Soshangube,
Tshwane, and 1871 Block Block R, Soshanguve, Tshwane, and any other persons who may have an interest in
the property described above.
  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.
   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: Mr K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as
follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50.
Email: KKgaphola@justice.gov.za and

   Clay Sibiya at the VGM Building, 123 Westlake Ave ,Weavind Park, Silverton. His contact details are as
follows Tel: 012 845 6368. Email: ClSibiya@npa.gov.za
  National Prosecuting Authority (030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON, Tel:
012 845 6368, Email: ClSibiya@npa.gov.za.
  Date submitted: 2025-01-28

                                                                           Case No: 2024-065574
                                   IN THE HIGH COURT OF SOUTH AFRICA
                                          (Gauteng Division, Gauteng)
             Pretoria, 2024-11-22, BEFORE THE HONOURABLE JANSE VAN NIEWENHUIZEN J
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant

In re: 1. A grey Volkswagen VW216-T-Cross, with registration LF 77 WF GP, Chassis number
WVGZZZC1ZNYO17919 and engine number CHZB29173 seized by members of Tshwane Metro Police Drug

                           This gazette is also available free online at www.gpwonline.co.za
   26      No. 52050                     GOVERNMENT GAZETTE, 07 FEBRUARY 2025

Source