Tumelo Chindereki (Chindereki Jnr) in his capacity as the heir of the estate of

Court order seizes property linked to crime · Published 2025-03-14 · What is a POCA?

Party
Tumelo Chindereki (Chindereki Jnr) in his capacity as the heir of the estate of
Date
2024-11-14

Case

Case number
5799/2024
Court
North West Division, Mahikeng

Parties addressed

  • Tumelo Chindereki (Chindereki Jnr) in his capacity as the heir of the estate of

Asset description

A White Toyota Hilux 2.7 4x2 Single Cab pick-up passenger vehicle with register number DMN595L, License number JRD 018 NW, chassis number AHTCX39G905008923 and Engine number 2TR7018835 seized on 23 August 2023 and held at Mabeskraal Police Station under Mabeskraal CAS number 30/08/2023 and SAP 13/69/2023 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                     Case No: 5799/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                        (NORTH WEST DIVISION, MAHIKENG, North West / Noordwes)
             MMABATHO, 2024-11-14, BEFORE THE HONOURABLE MR JUSTICE WESSELS AJ
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: A White Toyota Hilux 2.7 4x2 Single Cab pick-up passenger vehicle with register number DMN595L,
License number JRD 018 NW, chassis number AHTCX39G905008923 and Engine number 2TR7018835 seized
on 23 August 2023 and held at Mabeskraal Police Station under Mabeskraal CAS number 30/08/2023 and SAP
13/69/2023.
        IN AN APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38(1) 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 Organised Crime Act, No. 121 of 1998, in the High Court of South Africa
(North West Division, Mahikeng) on 14 NOVEMBER 2024 in case number 5799/2024, in relation to:
  A White Toyota Hilux 2.7 4x2 Single Cab pick-up passenger vehicle with register number DMN595L, License
number JRD 018 NW, chassis number AHTCX39G905008923 and Engine number 2TR7018835 seized on 23
August 2023 and held at Mabeskraal Police Station under Mabeskraal CAS number 30/08/2023 and SAP
13/69/2023 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
   This notice is addressed to: Tumelo Chindereki (Chindereki Jnr) in his capacity as the heir of the estate of
the late Clement Chindereki (Chindereki Snr) and any 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 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 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

                           This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 14 MAART 2025                                No. 52259     51

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 address: The State Attorney:
Attorneys for Applicant, First Floor, East Gallery, Mega City, 3139 Sekame Street, Mmabatho. TEL: 018
384-0269/0161/0315. REF: 3061/24/P2.
  National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road, Mmabatho, 2735, Tel: 018 381-9017, E-mail: MMahlafore@npa.gov.za.
  Date submitted: 2025-03-07.

                                                                                            Case No: 4439/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                         (NORTH WEST DIVISION, MAHIKENG, North West / Noordwes)
                   MMABATHO, 2024-01-30, Before The Honourable Madam Justice DJAJE DJP
              In the application of: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: All the property seized by the members of the South African Police Services Stilfontein on 21 FEBRUARY
   2023 under Stilfontein SAP13 1506/02/2023, the property is listed in Annexure B to the forfeiture order (The
                                                    Property).
IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 READ WITH SECTION 53
                       OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
    Having heard Ms M.R Mahlafore of the Applicant and having read the notice of Motion and other documents
filed of records; it is ordered:
   1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime Act
121 of 1998 ( the Act), declaring forfeit to the State All the property seized by the members of the South African
Police Services Stilfontein on 21 FEBRUARY 2023 under Stilfontein SAP13 1506/02/2023, the property is listed
in Annexure B to the forfeiture order (The Property).
  ( the property ).
  2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
  3. THAT: Subject to paragraph 4 below, the property shall remain in the custody of the SAPS Vryburg under
case number 77/03/2020.
  4. THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS is authorised to release the property to the designated employee of the Assets Forfeiture
Unit to:
  4.1 Assume control of the property on behalf of the applicant;
  4.2 Sell the property at best , either by public auction or private treaty;
  4.3 Sign all documentation necessary to effect the sale, transfer and registration of the property; and
   4.4 Pay the proceeds of the sale of the property, less any commission and incidental expenses occasioned by
the sale into the Criminal Asset Recovery Account established under section 63 of the Act, account number
80303056 held at the South African Reserve Bank, Vermeulen Street, Pretoria.
  5.THAT: Any person whose interest in the property concerned is affected by the forfeiture order may within 20
days after he or she acquired such knowledge of the order, set the matter down for variation or rescission by the
court.
  6.The appointment of the curator bonis is dispensed with.
 BY ORDER OF THE COURT. - THE REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA, NORTH
WEST DIVISION, MAHIKENG.
  National Prosecuting Authority ( Order no: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road, Mmabatho, 2735, Tel: 018 381-9017, E-mail: MMahlafore@npa.gov.za.
  Date submitted: 2025-03-07.

                                                                                              Case No: 1475/2024
                                  IN THE HIGH COURT OF SOUTH AFRICA
                            (North West Division, Mahikeng, North West / Noordwes)

                          This gazette is also available free online at www.gpwonline.co.za
   52      No. 52259                       GOVERNMENT GAZETTE, 14 MARCH 2025

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