Buyile Petunia Mabuza, Vusimuzi George Mlambo and all other persons who

Court order seizes property linked to crime · Published 2025-03-07 · What is a POCA?

Party
Buyile Petunia Mabuza, Vusimuzi George Mlambo and all other persons who
Date
2024-09-23

Case

Parties addressed

  • Buyile Petunia Mabuza, Vusimuzi George Mlambo and all other persons who

Asset description

The sum of R7 000 seized by members of the South African Police Service on 02 February 2024 under Sandton CAS 25/02/2024 which amount is currently held in the SAPS' ABSA account number 4054522787 1.

From the gazette

 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 23 September 2024 in case number : 2024-106575 in relation to:
  The sum of R7 000 seized by members of the South African Police Service on 02 February 2024 under
Sandton CAS 25/02/2024 which amount is currently held in the SAPS' ABSA account number 4054522787
  1. This notice is addressed to Buyile Petunia Mabuza, Vusimuzi George Mlambo and all other persons who
may have an interest in the sum of R7 000 seized by members of the SAPS on 02 February 2024 belonging to
Buyile Petunia Mabuza and/or Vusimuzi George Mlambo under Sandton CAS 25/02/2025 which amount is
currently held in the South African Police Service ABSA account number 4054522787 under-taking number
169784436, receipt number 30459198 and reference number SAP13 25/02/2024 ( the property).
  Take notice that:
   2 The National Director of Public Prosecutions ( National Director) has, in respect of the property, obtained a
preservation of property order in terms of section 38(2) of the POCA ( the order), a copy of which is obtainable
from the State Attorney, Johannesburg.
  3 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.
   4 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.
   5 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.
  6 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.
  7 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.
  8 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.
   9 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;
   10 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 5 and 6 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.

  11 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

                           This gazette is also available free online at www.gpwonline.co.za
   40      No. 52221                        GOVERNMENT GAZETTE, 07 MARCH 2025

Source