Notice

Court order seizes property linked to crime · Published 2025-09-12 · What is a POCA?

Case

Case number
2025-150832
Court
EASTERN CAPE LOCAL DIVISION, MTHATHA, Eastern Cape / Oos-Kaap

From the gazette

                                                                                             Case No: 2025-150832
                                                                                                    Annexure: N/A
                                                                                       P/H or Docex Nr:0128421439
                                  IN THE HIGH COURT OF SOUTH AFRICA
                         (Eastern Cape Division, Gqeberha, Eastern Cape / Oos-Kaap)
                    Gqeberha, 2025-09-03, HONOURABLE MR. ACTING JUSTICE NKELE
             In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: A Toyota Raider motor vehicle with registration HYS 157 EC seized on 27 July 2025 by SAPS under Port
                                       Alfred CAS 73/07/2025 (the property)
                                             Preservation Order Notice
  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 2025-150832 in re : A Toyota Raider motor
vehicle with registration number HYS 157 EC seized on 27 July 2025 and held by SAPS under Port Alfred CAS
73/07/2025 (the property) (a copy of which can be obtained from the person mentioned in par 9 hereunder)
  This notice is addressed to Mr. Krishna Chettyand 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 GQEBERHA
  18 Grahamstown Road, North End , Gqeberha, Tel: 012 82 1439 Email: nmagadaza@npa.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA,0127, Tel: 0128421439, Email: nmagadaza@npa.gov.za.
  Date submitted: 2025-09-04

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 12 SEPTEMBER 2025                              No. 53330      43

                                                                                          Case No: 2025/122858
                                                                                                 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, 2025-08-05, Justice Mhambi

 In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION, Applicant and Ndzolo Lucky
                                          Tyali, Respondent

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