Fani Paulus Msimango, Kedibone Evelyn Pule, and Tatolo Edwin Makhakhe and
Court order seizes property linked to crime · Published 2025-05-23 · What is a POCA?
- Party
- Fani Paulus Msimango, Kedibone Evelyn Pule, and Tatolo Edwin Makhakhe and
- Date
- 2025-02-26
Case
- Case number
- 2025-025172
Parties addressed
- Fani Paulus Msimango, Kedibone Evelyn Pule, and Tatolo Edwin Makhakhe and
Asset description
The sum of R1 360 000 in cash seized by South African Police Service on 26 October 2016 and held in ABSA account 405 452 2787 under Mondeor CAS 467/10/2016 and SAP13/1311/2016, taking number: 69897956 and receipt number: 14491723
From the gazette
AN APPLICATION IN TERMS OF SECTION 38 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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Johannesburg) on 26 February 2025 in case number 2025-025172 in relation to:
The sum of R1 360 000 in cash seized by South African Police Service on 26 October 2016 and held in ABSA
account 405 452 2787 under Mondeor CAS 467/10/2016 and SAP13/1311/2016, taking number: 69897956 and
receipt number: 14491723
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 23 MEI 2025 No. 52707 23
This notice is addressed to Fani Paulus Msimango, Kedibone Evelyn Pule, and Tatolo Edwin Makhakhe and
all other persons who may have an interest in the sum of R1 360 000 in cash seized by the SAPS on 26 October
2016 and held in the SAPS' ABSA account 405 452 2787 under Mondeor CAS 467/10/2016, SAP13/1311/2016,
Roodepoort Police Station, taking number: 69897956 and receipt number: 14491723 ( the property).
Take notice that:
1. The National Director of Public Prosecutions ( National Director) has obtained a preservation of property
order ( the preservation order) in respect of the property, in terms of section 38(2) of the POCA, a copy of which
is obtainable from the State Attorney's office in Johannesburg.
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 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.
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 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.
5. 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 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), upon delivery of not less than 24 hours-notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, 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 M Mahloko
Attorneys for Applicant
10 th Floor, North State Building
99 Albertina Sisulu Street
Johannesburg
Ref : Mr M Mahloko/P14/Msimango
Tel : 011 220 8047
Email : MeMahloko@npa.gov.za
Any correspondence or other enquiries must also be directed to the above address or contact numbers
National Prosecuting Authority ( Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg, Tel: 0112204087, Email: MeMahloko@npa.gov.za.
Date submitted: 2025-05-12
This gazette is also available free online at www.gpwonline.co.za
24 No. 52707 GOVERNMENT GAZETTE, 23 MAY 2025