any interested parties to the property described above

Court order seizes property linked to crime · Published 2025-03-20 · What is a POCA?

Party
any interested parties to the property described above

Case

Case number
1918/2025
Court
Limpopo

Parties addressed

  • any interested parties to the property described above

Asset description

a) a load of chrome found in the white Hino tipper truck with registration number DWX101L held at Apel police pound under case docket Apel CAS 186/05/2024 with reference Apel SAP13/230/2024, a load of chrome found in the trailer with registration number HSD874FS held at Polokwane Gateway pound under case docket Apel CAS 67/08/2024 with reference Apel SAP13/359/2024 and Loads of chrome seized by members of the South African Police Service during the period January 2024 to November 2024 in Burgers

From the gazette

  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998

  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 0of 1998 in the High Court of South Africa (Limpopo
  Local Division, Polokwane) on the 25 February 2025 case number 1918/2025 in relation to: a) a load of chrome found
  in the white Hino tipper truck with registration number DWX101L held at Apel police pound under case docket Apel
  CAS 186/05/2024 with reference Apel SAP13/230/2024, a load of chrome found in the trailer with registration number
  HSD874FS held at Polokwane Gateway pound under case docket Apel CAS 67/08/2024 with reference Apel
  SAP13/359/2024 and Loads of chrome seized by members of the South African Police Service during the period
  January 2024 to November 2024 in Burgersfort Policing area under case dockets Burgersfort Cas 119/05/2023 and
  Burgersfort Cas 161/06/2023 and held at Steelpoort Mine (the property).(a copy of the application and order can be
  obtained from the person mentioned in paragraph 10 hereunder).
  1. This notice is addressed to any interested parties to the property described above.

  Take notice that:
  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 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 sections 39(3), (4) and (5) of the POCA. An
  appearance must comply with these requirements.
  5)Your intention 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.
                                  This gazette is also available free online at www.gpwonline.co.za
14  No. 52368                       GOVERNMENT GAZETTE, 20 March 2025

Source