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