Xolela Tyobeka

  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 (Eastern Cape Division Makhanda) on 28 May 2024 in case number 2168 /2024 in relation to:
re: Volkswagen Golf 5 with registration number JFC 706 EC which is an instrumentality in an offence and
was seized by the South African Police Service in Mlungisi and is held under Mlungisi CAS 94/12/2024 (a copy
of which can be obtained from the person motioned in par 9 hereunder)
  .
  This notice is addressed to Xolela Tyobeka        and 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.

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                                  STAATSKOERANT, 07 FEBRUARIE 2025                             No. 52050      39

  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
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
  Date submitted: 2025-01-31

                                         KWAZULU-NATAL
                                                                                      Case No: 9152/24P
                                     IN THE HIGH COURT OF SOUTH AFRICA
                          (KwaZulu - Natal Division- PIETERMARITZBURG, KwaZulu-Natal)
                PIETERMARITZBURG, 2025-01-14, BEFORE THE HONOURABLE JUDGE JIKELA
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A Nissan Hardbody 2000 LWB single-cab 4X2 pick-up with licence number NMR7576, Chassis / VIN
number ADNJ080000E005781, Engine number KA20102821X held under Howick CAS 116/02/2024 via
Mkhondeni vehicle pound SAP13/185/2024 (the Nissan) and Singabanto Enterprises Multipurpose Box body
Elliot 3 trailer with licence number NMR2439, Chassis / VIN number AA9A175UBNPXB2008, register number
DJR712X held under Howick CAS 116/02/2024 via Mkhondeni vehicle pound SAP13/185/2024 (the trailer)
(collectively referred to as the property)
  NOTICE IN TERMS OF SECTION 50(5) OF THE PREVENTION OF ORGANISED CRIME ACT, NO.121
OF 1998 (POCA)
   The National Director of Public Prosecutions applied for and was granted a forfeiture order in terms of Section
50 of the Prevention of Organised Crime Act, No.121 of 1998 (the POCA) in the High Court of South Africa,
KwaZulu - Natal Division, Pietermaritzburg on 14 JANUARY 2025 in case number 9152 / 2024P in relation to:
A Nissan Hardbody 2000 LWB single-cab 4X2 pick-up with licence number NMR7576, Chassis / VIN number
ADNJ080000E005781, Engine number KA20102821X held under Howick CAS 116/02/2024 via Mkhondeni
vehicle pound SAP13/185/2024 (the Nissan) and Singabanto Enterprises Multipurpose Box body Elliot 3 trailer
with licence number NMR2439, Chassis / VIN number AA9A175UBNPXB2008, register number DJR712X held
under Howick CAS 116/02/2024 via Mkhondeni vehicle pound SAP13/185/2024 (the trailer) (collectively referred
to as the property) [a copy of the application and order can be obtained from the person mentioned in paragraph 7
hereunder].
  This notice is addressed to LWAZI KNOWLEDGE MSOMI & SIHLE EMMANUEL DUMA,and all persons
who are described in paragraph 4 below.
  Take notice that:
   1The property mentioned above which was subject to a preservation of property order was forfeited to the
state.
  2In terms of Section 56(3) of the POCA, Tirhani Ezekiel Mabunda of Tirhani Auctioneers is authorised to
assume control of the property and take it into his custody.
  3After this forfeiture order takes effect Tirhani Ezekiel Mabunda is directed to sell the property, deduct his fees
and expenditure from the proceeds of such sale and deposit the balance into the Criminal Assets Recovery
Account established in terms of Section 63 of the POCA.
   4Any person affected by the forfeiture order and who was entitled to receive notice of the application under
Section 48(2) but who did not receive such notice, may within 45 days after the publication of the notice of the
forfeiture order in the Gazette, apply for an order under Section 54 of the POCA excluding his or her interest in
the property, or varying the operation of the order in respect of the property.
   5If you are a person referred to in paragraph 4 above, you are advised to obtain legal advice on whether your
interest can be protected and, if so, on how to protect it.
   6In terms of Section 57(3) of the POCA, no person who had possession of the forfeited property or was
entitled to possession before the forfeiture order took effect, or any person acting in concert with or on behalf of
that person, can purchase the forfeited property at any sale held by Tirhani Ezekiel Mabunda.
  7Whenever it is necessary to 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, 6 th Floor,

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