Notice
Court order seizes property linked to crime · Published 2025-03-20 · What is a POCA?
Case
- Case number
- 1968/2024
- Court
- Limpopo Local Division, Polokwane
Asset description
(a) a 2005 red(white) Toyota Hilux(2.0 SWB DLX S C) bearing registration number SMG 203 GP held at Gravelotte police station under case Gravelotte CAS 07/06/2022 with reference SAP13/67/2022. (b) a 2005 white Toyota Hilux (2.7 4x2 Single Cab) bearing registration number FFL 745 L,held at Gravelotte police station under case Gravelotte CAS 06/06/2022 with reference SAP13/68/2022. (a copy of the application and order can be obtained from the person mentioned in paragraph 10 hereunder).
From the gazette
----------oo0oo----------
Case No: 1968/2024
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO LOCAL DIVISION, POLOKWANE)
POLOKWANE, 2024-03-07, Before the Honourable: JUDGE PRESIDENT M.G PHATUDI,in Chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a) a 2005 red(white) Toyota Hilux(2.0 SWB DLX S C) bearing registration number SMG 203 GP held at
Gravelotte police station under case Gravelotte CAS 07/06/2022 with reference SAP13/67/2022. (b) a 2005 white
Toyota Hilux (2.7 4x2 Single Cab) bearing registration number FFL 745 L,held at Gravelotte police station under
case Gravelotte CAS 06/06/2022 with reference SAP13/68/2022.
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
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 07 March 2024 case number 1968/2024 in relation to: (a) a 2005 red(white)
Toyota Hilux(2.0 SWB DLX S C) bearing registration number SMG 203 GP held at Gravelotte police station under case
Gravelotte CAS 07/06/2022 with reference SAP13/67/2022. (b) a 2005 white Toyota Hilux (2.7 4x2 Single Cab) bearing
registration number FFL 745 L,held at Gravelotte police station under case Gravelotte CAS 06/06/2022 with reference
SAP13/68/2022. (a copy of the application and order can be obtained from the person mentioned in paragraph 10
hereunder).
1. This notice is addressed to Mr. Bhekumuzi Abel Myakayaka, which is residing at stand no 148 near
Mbhombhi Spaza Shop, Myakayaka Village, Shiluvana, Limpopo Province and Mr. Joseph Monyela residing at stand
no 326 Mankwengi Maake Village, near Masavisani High School, Tzaneen, Limpopo Province.
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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 Maart 2025 No. 52439 15
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.
10)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: Mr. T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699
Reference: AFU/06/24/NT
His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086
452 8838
Any correspondence or other inquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
NaStemele@npa.gov.za, 0150450319.
----------oo0oo----------
Case No: 729/2025
041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, Gqeberha)
Gqeberha, 2025-02-25, Before the Honorable Madam Justice Noncembu J
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: A grey and blue Rubber duck with vessel registration number DTE 3114E seized on 12 November 2024
under Thornhill CAS 16/11/2024 (the property)
annexure a
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)