Benedicto Sumbane an adult male who resides at 10050 Lomanyaneng Village

Court order seizes property linked to crime · Published 2025-03-28 · What is a POCA?

Party
Benedicto Sumbane an adult male who resides at 10050 Lomanyaneng Village
Date
2024-11-14

Case

Case number
5802/2024
Court
North West Division, Mahikeng

Parties addressed

  • Benedicto Sumbane an adult male who resides at 10050 Lomanyaneng Village

Asset description

A Silver Ford Focus 1.6L BZ Core vehicle with register number HMC588S, License number JG98WXGP, chassis number AFACXXMJDC6M04094 seized by members of the South African Police Service on 19 January 2024 and held at Ventersdorp police station under Ventersdorp CAS number 99/01/2024. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

  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 5802/2024 in relation to:
  A Silver Ford Focus 1.6L BZ Core vehicle with register number HMC588S, License number JG98WXGP,
chassis number AFACXXMJDC6M04094 seized by members of the South African Police Service on 19 January
2024 and held at Ventersdorp police station under Ventersdorp CAS number 99/01/2024. (a copy of the
application and order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to Benedicto Sumbane an adult male who resides at 10050 Lomanyaneng Village,
Mahikeng, North West 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
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
   46      No. 52394                       GOVERNMENT GAZETTE, 28 MARCH 2025

Source