Halimmah Thamando Mnyobisi,and all other persons who may have an interest in

Court order seizes property linked to crime · Published 2025-02-28 · What is a POCA?

Party
Halimmah Thamando Mnyobisi,and all other persons who may have an interest in

Case

Parties addressed

  • Halimmah Thamando Mnyobisi,and all other persons who may have an interest in

Identifiers

Cash amount
R262 993.69

From the gazette

  Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
  This notice is addressed to Halimmah Thamando Mnyobisi,and all other persons who may have an interest in
amount of R262 993.69 ( the property):
  Take notice that:
   1         The National Director of Public Prosecutions ( National Director ) has obtained a preservation of
property order ( the order ), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in
respect of the property.
   2         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.
   3         You are notified that the National Director of Public Prosecutions will, within 90 days of publication of
this notice, apply to the High Court under section 48 of the POCA for an order declaring the property forfeit to the
state. The order will remain in force until the application for a forfeiture order is finalised, and until any forfeiture
order that is made is satisfied.
   4          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.
  5       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 4 above.
  6         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.
   7         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.
   8        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.
   9         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.
  10         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
  Applicant's Attorneys
  11 th floor
  Fedsure Building
  49 Charlotte Maxeke Street
  BLOEMFONTEIN

                            This gazette is also available free online at www.gpwonline.co.za
   40     No. 52189                    GOVERNMENT GAZETTE, 28 FEBRUARY 2025

Source