Notice
Court order seizes property linked to crime · Published 2025-08-29 · What is a POCA?
- Date
- 2025-07-28
Case
- Case number
- 2025/114388
- Court
- Gauteng Division, Pretoria
Asset description
the following property: a black Volkswagen Polo with registration number CYY 054 NC currently impounded by the SAPS Brits under CAS No 108/02/2024 and SAP13/116/2024 (a copy of the application and order can be obtained from the person mentioned in paragraph 10 hereunder)
From the gazette
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 (1) OF 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, Pretoria) on 28 JULY 2025 in case number 2025/114388 in relation to the following property:
a black Volkswagen Polo with registration number CYY 054 NC currently impounded by the SAPS Brits under
CAS No 108/02/2024 and SAP13/116/2024
(a copy of the application and order can be obtained from the person mentioned in paragraph 10 hereunder)
This notice is addressed to
1.1 Modisaotsile Joy Kanyane who resides at House number E272 Kagiso Street, Kuruman and all other
persons who may have an interest in the property described above.
Take notice that:
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 an 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 Act. 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.
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 3 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 Act;
8. 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.
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 K Kgaphola SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as
follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 1677
Any correspondences or other inquiries must also be directed to this address or contact number
National Prosecuting Authority ( Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON, Tel: 012-845-6508, Email: KRamogale@npa.gov.za.
Date submitted: 2025-08-20
This gazette is also available free online at www.gpwonline.co.za
22 No. 53227 GOVERNMENT GAZETTE, 29 AUGUST 2025