Mr Johannes Mthembu residing Number 1204 Mbewu Street
Court order seizes property linked to crime · Published 2025-02-14 · What is a POCA?
- Party
- Mr Johannes Mthembu residing Number 1204 Mbewu Street
- Date
- 2024-09-13
Case
Parties addressed
- Mr Johannes Mthembu residing Number 1204 Mbewu Street
Asset description
Cash amount of R5 860 seized by the members of the Road Traffic Management Corporation at the Meyerton Driver License Testing Centre on 20 October 2023 and held in the SAPS suspense account under Meyerton CAS 251/10/2023 with Taking Number 167822918. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder .
Identifiers
- Cash amount
- R5 860
From the gazette
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Cash amount of R5 860 seized by the members of the Road Traffic Management Corporation at the
Meyerton Driver License Testing Centre on 20 October 2023 and held in the SAPS suspense account under
Meyerton CAS 251/10/2023 with Taking Number 167822918.
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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Pretoria) on 13 September 2024in case number 2024 - 058411in relation to:
Cash amount of R5 860 seized by the members of the Road Traffic Management Corporation at the Meyerton
Driver License Testing Centre on 20 October 2023 and held in the SAPS suspense account under Meyerton
CAS 251/10/2023 with Taking Number 167822918.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder .
This notice is addressed to
1. Mr Johannes Mthembu residing Number 1204 Mbewu Street, Everton, Meyerton, Vereeniging, and all
persons who may have an interest in the property described above.
and to all 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 an 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 Act. 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 Act;
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 addresses:
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 ( Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON, Tel: 0128456368, Email: ClSibiya@npa.gov.za.
This gazette is also available free online at www.gpwonline.co.za
22 No. 52100 GOVERNMENT GAZETTE, 14 FEBRUARY 2025