WASHINGTON MASHAMBA

Court order seizes property linked to crime · Published 2025-08-01 · What is a POCA?

Party
WASHINGTON MASHAMBA

Case

Case number
1530/2025
Court
EASTERN CAPE LOCAL DIVISION, MTHATHA, Eastern Cape / Oos-Kaap

Parties addressed

  • WASHINGTON MASHAMBA

From the gazette

In re: R24 250 in cash seized on 22 March 2024 and held by SAPS under Joubertina CAS 85/03/2024 and SAP
                                         13/206/2024 (the property)
  annexure a
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
(POCA)
   The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division, Gqeberha) under case number 1530/2025 in re : R24 250 in cash seized on
2 March 2024 and held by SAPS under Joubertina CAS 85/03/2024 and SAP 13/206/2024 (the property)( a copy
of which can be obtained from the person mentioned in par 9 hereunder)
   This notice is addressed to WASHINGTON MASHAMBA and all other persons who may have an interest in
the property described above.

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 01 AUGUSTUS 2025                               No. 53093      31

  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.
  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:
  STATE ATTORNEY GQEBERHA, 29 Western Road, Central, Gqeberha, Tel: 041 585 7921,
WaErasmus@justice.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127, Tel: 0415857921, Email: waerasmus@justice.gov.za.
  Date submitted: 2025-07-16

                                                                                   Case No: 2403/2025
                                                                                        Annexure: N/A
                                                                P/H or Docex Nr:0475029900/0718877857
                                IN THE HIGH COURT OF SOUTH AFRICA
                  (EASTERN CAPE LOCAL DIVISION, MTHATHA, Eastern Cape / Oos-Kaap)
                                    MTHATHA, 2025-05-27, Justice Rusi
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION, Applicant and Bongani Khuhlu
                                    And Nkosinathi Koleka, Respondent
 In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
     IN RESPECT OF A R27 350.00 IN CASH, WHICH WAS SEIZED BY THE SOUTH AFRICAN POLICE
  SERVICES ON THE 29 AUGUST 2019 AND IS HELD UNDER BUTTERWORTH CAS 142/08/2019 WHICH
                                IS PROCEEDS OF UNLAWFU ACTIVITIES

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