Mario Muinga an adult male who resides at 1238 Malefulane Street, Khuma Loc

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

Party
Mario Muinga an adult male who resides at 1238 Malefulane Street, Khuma Loc
Date
2024-11-14

Case

Case number
5806/2024
Court
North West Division, Mahikeng

Parties addressed

  • Mario Muinga an adult male who resides at 1238 Malefulane Street, Khuma Loc

Asset description

A White KIA K2700 pick-up truck with registration number KPC 065 NW, with Vin number KNCSHX71LF7936490 held at Klerksdorp under VIS SAP13 under 424/2021. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R19 800

From the gazette

        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 14 NOVEMBER 2024 in case number 5806/2024 in relation to: A White KIA
K2700 pick-up truck with registration number KPC 065 NW, with Vin number KNCSHX71LF7936490 held at
Klerksdorp under VIS SAP13 under 424/2021. (a copy of the application and order can be obtained from the
person mentioned in par 9 hereunder).
   This notice is addressed to Mario Muinga an adult male who resides at 1238 Malefulane Street, Khuma Loc,
Stilfontein 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

                           This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 11 APRIL 2025                                 No. 52496      45

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.
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: The State Attorney:
Attorneys for Applicant First Floor East Gallery, Mega City, 3139 Sekame Street Mmabatho. TEL: 018 384
0269/0161/0315. REF: 3058/24/ P2
  National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road Mmabatho 2735, Tel: 018-381-9017, Email: MMahlafore@npa.gov.za.
  Date submitted: 2025-04-04

                                                                                      Case No: 4831/2024
                                  IN THE HIGH COURT OF SOUTH AFRICA
                        (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
                    MMABATHO, 2025-03-06, Before The Honourable Madam Justice REID J
       In the application of: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant, Applicant
     In re: Cash amount of R19 800 deposited into the SAPS Klerksdorp bank account undertaking number
 150913656 and receipt number 27844366, seized by members of the SAPS under Vierfontein CAS 15/01/2023.
IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 READ WITH SECTION 53
                       OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
   Having heard Adv Mahlafore of the Applicant and having read the notice of Motion and other documents filed
of records;
  it is ordered:
   1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime Act
121 of 1998 ( the Act) declaring forfeit to the State Cash amount of R19 800 deposited into the SAPS Klerksdorp
bank account undertaking number 150913656 and receipt number 27844366, seized by members of the SAPS
under Vierfontein CAS 15/01/2023.(the property).
2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
3.THAT: Subject to paragraph 4 below, the property shall remain in the custody of the SAPS Vryburg under case
number 77/03/2020
4.THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS is authorised to release the property to the designated employee of the Assets Forfeiture
Unit to:
4.1 Assume control of the property on behalf of the applicant;
4.2 Sell the property at best , either by public auction or private treaty;
4.3 Sign all documentation necessary to effect the sale, transfer and registration of the property; and
4.4 Pay the proceeds of the sale of the property, less any commission and incidental expenses occasioned by
the sale into the Criminal Asset Recovery Account established under section 63 of the Act, account number

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

Source