Bongani Khuhlu and Nkosinathi Koleka adult males who are currently at

  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 39 of the Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern
Cape Local Division, Mthatha) INRESPECT 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
  This notice is addressed to Bongani Khuhlu and Nkosinathi Koleka adult males who are currently at
Butterworth Prison awaiting trial - Eastern Capeand all persons who may have an interest.
  TAKE NOTICE THAT :
   1. If you have 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 finalized , 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 also are dealt with in section
39(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 the section 39(4) for the entry of an
appearance referred 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 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 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 specially advised that even if you intend to apply reconsideration of the preservation order in this
case, you must in addition comply with paragraph 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 documents
on the applicant , you must deliver or serve them on the applicant at the following address :
  The State Attorney : Mr. A. Ludidi
  1st Floor, Broadcast House
  94 Sission Street v
  Fortgale
  Mthatha
  Tel; 047 502 9900
  ALudidi@justice.gov.za
  Anathi Ludidi, 94         SISSION      STREET,       FORTAGALE         MTHATHA,        Tel:   0475029900,    Email:
ALudidi@justice.gov.za.
  Date submitted: 2025-07-25

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   34      No. 53093                     GOVERNMENT GAZETTE, 01 AUGUST 2025