PH Mbatha

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

Party
PH Mbatha
Date
2025-07-15

Case

Case number
3133/2025

Parties addressed

  • PH Mbatha

From the gazette

the South African Police Service on 9 February 2025 and is held under Komani CAS
number 74/02/2025 (a copy of which can be obtained from the person motioned in par
9 hereunder.)
  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 (Makhanda ) on 15 July 2025 in case number 3133/2025 RE: A 2013 Isuzu KB
light load vehicle with registration number CH 64 MP GP and VIN number ADM2RS54HA4619223
which is an instrumentality of an offence and cash to the value of R4350 which is proceeds of illegal
activities and was seized by the South African Police Service on 9 February 2025 and is held under
Komani CAS number 74/02/2025 (a copy of which can be obtained from the person motioned in par 9
hereunder.)
  This notice is addressed to PH Mbatha and all 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 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 EAST LONDON// BHISHO
  17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 0437065100,
Email: ASakasa@npa.gov.za.
  Date submitted: 2025-07-28

                        This gazette is also available free online at www.gpwonline.co.za
   32     No. 53127                    GOVERNMENT GAZETTE, 08 AUGUST 2025

Source