Sindy Ntshoko, Simphiwe Mkhize , Nokulunga Mbhele Sinegugu Mnguniand

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

Party
Sindy Ntshoko, Simphiwe Mkhize , Nokulunga Mbhele Sinegugu Mnguniand
Date
2024-09-17

Case

Parties addressed

  • Sindy Ntshoko, Simphiwe Mkhize , Nokulunga Mbhele Sinegugu Mnguniand

Asset description

Cash to the value of R30 541 , including interest, in African Bank Accounts 201 371 441 59 , 200 905 491 65 , 201 183 796 76 , 201 330 191 66 and 201 336 320 59 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

                In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In re: Cash to the value of R30 541, including interest, in African Bank Accounts 201 371 441 59, 200
905 491 65, 201 183 796 76, 201 330 191 66 and 201 336 320 59 which is the proceeds of unlawful activities
  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 (East London Circuit Court) on 17 September 2024 in case number EL 1665/2024 in relation to:
Cash to the value of R30 541 , including interest, in African Bank Accounts 201 371 441 59 , 200 905 491 65 ,
201 183 796 76 , 201 330 191 66 and 201 336 320 59 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 Sindy Ntshoko, Simphiwe Mkhize , Nokulunga Mbhele Sinegugu Mnguniand
Lungisile Dlaminiand 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.
   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:
  STATE ATTORNEY EAST LONDON// BHISHO
  17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za

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

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