Nkosinathi Mkhize and Hloniphani Mtungwa, and all other persons who may
Court order seizes property linked to crime · Published 2025-07-18 · What is a POCA?
- Party
- Nkosinathi Mkhize and Hloniphani Mtungwa, and all other persons who may
- Date
- 2025-02-26
Case
- Case number
- 2025-025668
- Court
- Gauteng Division, Johannesburg
Parties addressed
- Nkosinathi Mkhize and Hloniphani Mtungwa, and all other persons who may
Asset description
1. This notice is addressed to Nkosinathi Mkhize and Hloniphani Mtungwa, and all other persons who may have an interest in the sum of R8 830 seized by members of the South African Police Service on 10 December 2020 under Germiston CAS 215/12/2020 which amount is currently held in the SAPS' ABSA account number 4054522787, under taking number 153288186 and purpose receipt number 28169099 (the property).
From the gazette
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Case No: 2025-025668
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2025-02-26, BEFORE THE HONOURABLE DEPUTY JUDGE PRESIDENT ROLAND
SUTHERLAND
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT, and
NKOSINATHI MKHIZE, Respondent
In re: The sum of R8 830 seized by members of the South African Police Service on 10 December 2020 under
Germiston CAS 215/12/2020 which amount is currently held in the SAPS’ ABSA account number 4054522787,
under taking number 153244186 and purpose receipt number 28169099
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 2025-025668 in relation to:
1. This notice is addressed to Nkosinathi Mkhize and Hloniphani Mtungwa, and all other persons who may
have an interest in the sum of R8 830 seized by members of the South African Police Service on 10 December 2020
under Germiston CAS 215/12/2020 which amount is currently held in the SAPS' ABSA account number 4054522787,
under taking number 153288186 and purpose receipt number 28169099 (the property).
TAKE NOTICE THAT:
2 The National Director of Public Prosecutions (National Director) has, in respect of the property,
obtained a preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable
from the State Attorney, Johannesburg.
3 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Julie 2025 No. 53106 17
4 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 an order declaring the property forfeit to the State. The order will
remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied.
5 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.
6 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.
7 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.
8 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.
9 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;
10 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 5 and 6 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.
11 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 MM Mahloko
10th Floor, North State Building
95 Albertina Sisulu Street, Cnr Kruis Street
JOHANNESBURG
Tel: (011) 220 4087
Email: MeMahloko@npa.gov.za
Ref: 2025/P14/M Mahloko (Mkhize N)
Any correspondence or other enquiries must also be directed to this address or contact number.
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Case No: 94802/15
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2024-10-17, HONOURABLE JUSTICE KOOVERJIE, AJ
In the matter between: NOMADLOZI ELINAH MAHLANGU obo; and SIPHESIHLE BUHLE MAHLANGU,
Applicants, and THE MEMBER OF THE EXECUTIVE COUNCIL FOR THE DEPARTMENT OF HEALTH GAUTENG
PROVINCE ; THE INFORMATION OFFICER FOR THE DEPARTMENT OF HEALTH GAUTENG PROVINCE; THE
SUPERINTENDENT OF THE TAMBO MEMORIAL HOSPITAL, BOKSBURG, GAUTENG ; and THE CHIEF
EXECUTIVE OFFICER OF THE TAMBO MEMORIAL HOSPITAL, BOKSBURG GAUTENG, Respondents
This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the
Registrar of the Court, and is submitted electronically to the parties/ their legal representative by e-mail. This Order is
further uploaded to the electronic file in this matter on Caselines by the Judge or his/her secretary. The date of this
order is deemed to be 17 October 2024.
This gazette is also available free online at www.gpwonline.co.za
18 No. 53106 GOVERNMENT GAZETTE, 18 July 2025