Maradona Clearence Maluleke and all other persons who have an interest in the
Court order seizes property linked to crime · Published 2025-08-29 · What is a POCA?
- Party
- Maradona Clearence Maluleke and all other persons who have an interest in the
- ID / Reg no
- 1988/016432/07
Case
- Court
- MPUMALANGA DIVISION, MBOMBELA, Mpumalanga
Parties addressed
- Maradona Clearence Maluleke and all other persons who have an interest in the
Identifiers
- Company regs
- 1988/016432/07
From the gazette
In re: A White Actros Mercedes-Benz Truck with registration number DS46FLGP and Tank trailer with
registration number PCH216GP used as instrumentality to commit an offence of theft of diesel and tempering
with essential infrastructure owned by Transnet and subsequently seized by members of the SAPS under
Delmas CAS number 53/07/2022.
Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
This notice is addressed to Maradona Clearence Maluleke and all other persons who have an interest in the
White Actros Mercedes-Benz Truck with registration number DS46FLGP and Tank trailer with registration
number PCH216GP used as instrumentality to commit an offence of theft of diesel and tempering with essential
infrastructure owned by Transnet and subsequently seized by members of the SAPS under Delmas CAS number
53/07/2022.
( the vehicle).
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, Nelspruit.
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.
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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 29 AUGUSTUS 2025 No. 53227 57
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:
OFFICE OF THE STATE ATTORNEY, MBOMBELA
Attorneys for Applicant
Mpumalanga High Court Building
State Attorney Nelspruit
R104 Samora Machel Drive
3rd Floor Admin Block
West Wing, NELSPRUIT
c/o: Office of The Director of Public Prosecutions, Mpumalanga
Middelburg Local Office
4 O.R Tambo Street
Middelburg
REF:
TEL: 013 045 0709
Email: npisane@npa.gov.za
Any correspondence or other enquiries must also be directed to this address or contact number.
Ntombifuthi Nonhlanhla Pisane, 52 Acacia Street, West Acres Mbombela, Tel: 013 045 0709, Email:
Npisane@npa.gov.za.
Date submitted: 2025-08-18
Case No: 1443/2025
P/H or Docex Nr:N/A
IN THE HIGH COURT OF SOUTH AFRICA
(MPUMALANGA DIVISION, MBOMBELA, Mpumalanga)
MPUMALANGA, 2025-07-18, JUDGE NGWENYA
In the matter between: SILULUMANZI (RF) (PTY) LTD (Registration Number: 1988/016432/07), Applicant and
THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION OF SOUTH AFRICA - FIRST
RESPONDENT, THE DEPARTMENT OF TRADE AND INDUSTRY OF THE REPUBLIC OF SOUTH
AFRICA - SECOND RESPONDENT, THE NATIONAL TREASURY DEPARTMENT OF THE REPUBLIC OF
SOUTH AFRICA - THIRD RESPONDENT, THE SOUTH AFRICAN REVENUE SERVICE - FOURTH
RESPONDENT, THE DEPARTMENT OF PUBLIC WORKS OF THE REPUBLIC OF SOUTH AFRICA -
FIFTH RESPONDENT, THE REGISTRAR OF DEEDS, MPUMALANGA - SIXTH RESPONDENT and
TJAART NICOLAAS JACOBUS VAN DER WALT - SEVENTH RESPONDENT
RULE NISI
IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION MBOMBELA (MAIN SEAT)
On this the 18 th day of July 2025
Before the Honourable Acting Judge: Ngwenya
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58 No. 53227 GOVERNMENT GAZETTE, 29 AUGUST 2025