Welcome Myendeki and Asanda Myendeki and all
Court order seizes property linked to crime · Published 2025-03-28 · What is a POCA?
- Party
- Welcome Myendeki and Asanda Myendeki and all
- Date
- 2025-03-18
Case
- Court
- Eastern Cape Division Bhisho, Eastern Cape / Oos-Kaap
Parties addressed
- Welcome Myendeki and Asanda Myendeki and all
From the gazette
Case No: EL 481/2025
Annexure: N/A
P/H or Docex Nr:041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division,East London Circuit Court, Eastern Cape / Oos-Kaap)
East London, 2025-03-18, Before The Honourable Acting Justice PITT
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re: Toyota Corolla 160i with registration no CX 68279 with Chassis number AHT53AEB109018578 and
engine number 4AL979233 which is an instrumentality of unlawful activities and was seized by the South African
Police Service on 23 December 2024 and is held under Gonubie CAS 112/12/2024(a copy of which can be
obtained from the person motioned in par 9 hereunder.)
annexure a
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (East London Circuit Court) on 18 March 2025 in case number EL481/2025 In re : Toyota Corolla
160i with registration no CX 68279 with Chassis number AHT53AEB109018578 and engine number 4AL979233
which is an instrumentality of unlawful activities and was seized by the South African Police Service on 23
December 2024 and is held under Gonubie CAS 112/12/2024 . (a copy of which can be obtained from the person
motioned in par 9 hereunder. This notice is addressed to Welcome Myendeki and Asanda Myendeki and all
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.
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
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:
STATE ATTORNEY EAST LONDON// BHISHO 17 Fleet Street East London. Asanda Sakasa. ASakasa@
npa.gov.za Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100,
Email: ASakasa@npa.gov.za.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 28 MAART 2025 No. 52394 33
Case No: 222/2025
Annexure: N/A
P/H or Docex Nr:041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division Bhisho, Eastern Cape / Oos-Kaap)
Bhisho, 2025-03-11, Before The Honourable Acting Justice Sangoni
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re: A R20 202 in Cash which is the proceeds of unlawful activities that was seized by South African
Police Service in Mdantsane on 14 January 2025 and is held in Mdantsane CAS 139/01/2025 (a copy of which
can be obtained from the person motioned in par 9 hereunder.)