Babalwa Kostina residing at 1238

Court order seizes property linked to crime · Published 2025-04-11 · What is a POCA?

Party
Babalwa Kostina residing at 1238
Date
2024-12-18

Case

Case number
6416/2024
Court
North West Division, Mahikeng

Parties addressed

  • Babalwa Kostina residing at 1238

Asset description

A White Kia Rio 1.2 PMT 15 Light passenger vehicle with register number CVZ762X, Licence number KY05BCGP, chassis number KNADB518LN6592360 and Engine number G4LFMD104712, seized on 24 May 2023 and held under Jouberton SAPS CAS 244/05/2023 and SAP13/ 358/2024. Cash in the amount of R150.00 deposited into the SAPS suspense account under receipt number 30075306. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R150.00

From the gazette

                                                                                       Case No: 6416/2024
                                   IN THE HIGH COURT OF SOUTH AFRICA
                       (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
              MMABATHO, 2024-12-18, BEFORE THE HONOURABLE MR JUSTICE REDDY J
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant,
                                                 Applicant
  In re: A White Kia Rio 1.2 PMT 15 Light passenger vehicle with register number CVZ762X, Licence number
 KY05BCGP, chassis number KNADB518LN6592360 and Engine number G4LFMD104712, seized on 24 May
2023 and held under Jouberton SAPS CAS 244/05/2023 and SAP13/ 358/2024. Cash in the amount of R150.00
                  deposited into the SAPS suspense account under receipt number 30075306.
       IN AN APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38(1) OF THE
                          PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
  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 18 DECEMBER 2024 in case number 6416/2024 in relation to: A White Kia
Rio 1.2 PMT 15 Light passenger vehicle with register number CVZ762X, Licence number KY05BCGP, chassis
number KNADB518LN6592360 and Engine number G4LFMD104712, seized on 24 May 2023 and held under
Jouberton SAPS CAS 244/05/2023 and SAP13/ 358/2024. Cash in the amount of R150.00 deposited into the
SAPS suspense account under receipt number 30075306. (a copy of the application and order can be obtained
from the person mentioned in par 9 hereunder). This notice is addressed to Babalwa Kostina residing at 1238
house no: 16885, Ext 6, Kanana 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.

                           This gazette is also available free online at www.gpwonline.co.za
   44      No. 52496                        GOVERNMENT GAZETTE, 11 APRIL 2025

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