Gift Mpho Manaka and all other persons who have an interest in the sum of R4
Court order seizes property linked to crime · Published 2025-03-07 · What is a POCA?
- Party
- Gift Mpho Manaka and all other persons who have an interest in the sum of R4
- Date
- 2024-11-20
Case
- Case number
- 2024-134306
- Court
- GAUTENG DIVISION, JOHANNESBURG, Gauteng
Parties addressed
- Gift Mpho Manaka and all other persons who have an interest in the sum of R4
Asset description
The sum of R4 800 seized by members of the SAPS under criminal case docket Fairland CAS 29/09/2024 with reference SAP13 151/2024, taking number: 181309475 and purpose receipt number: 31991773
From the gazette
Case No: 2024-134306
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG, Gauteng)
JOHANNESBURG, 2024-11-20, BEFORE THE HONOURABLE DEPUTY JUDGE PRESIDENT R
SUTHERLAND
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT,
Applicant
In re: The sum of R4 800 seized by members of the SAPS under criminal case docket Fairland CAS 29/09/2024
with reference SAP13 151/2024, taking number: 181309475 and purpose receipt number: 31991773
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121
OF 1998
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, Johannesburg) on 20 November 2024 in case number 2024-134306 in relation to:
The sum of R4 800 seized by members of the SAPS under criminal case docket Fairland CAS 29/09/2024
with reference SAP13 151/2024, taking number: 181309475 and purpose receipt number: 31991773
This notice is addressed to Gift Mpho Manaka and all other persons who have an interest in the sum of R4
800 seized by members of the SAPS under criminal case docket Fairland CAS 29/09/2024 with reference
SAP13 151/2024, taking number:181309475 and purpose receipt number: 31991773 ( 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 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, 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) of the POCA for
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 apply for reconsideration of the preservation order on no less than 24 hours-notice in terms of Rule
6(8) of the Uniform Rules of the High Court.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 07 MAART 2025 No. 52221 33
9 Whenever the 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 M Mahloko
10 th Floor, North State Building
95 Albertina Sisulu Street
Cnr Kruis Street
Johannesburg
Tel: (011) 220 4087
Email: MMahloko@npa.gov.za
Ref: 2024/P14/Manaka M
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority ( Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg, Tel: 0112204087, Email: MeMahloko@npa.gov.za.
Date submitted: 2025-02-28
Case No: 2024-134309
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG, Gauteng)
JOHANNESBURG, 2024-11-20, BEFORE THE HONOURABLE DEPUTY JUDGE PRESIDENT R
SUTHERLAND
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT,
Applicant
In re: The sum of R5 200 seized by members of the SAPS at OR Tambo International Airport under criminal
case docket ORTIA CAS 88/11/2023 with reference SAP13 1216/2023, taking number: 184216648 and purpose
receipt number: 32363597
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121
OF 1998