Ndzolo Lucky Tyali an adult male of Slovo Park, Xesibe Street - Mthatha - Eastern

In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
IN RESPECT OF A WHITE ISUZU KB (250 R/CAB) WITH REGISTRATION LETTERS AND NUMBERS JDD
330 3EC, CHASSIS NUMBER ACVBRRAR8H4002403 AND ENGINE NUMBER 4JA13H1270 WHICH IS AN
INSTRUMENTALITY OF AN OFFENCE AMD WAS SEIZED BY MEMBERS OF THE SOUTH AFRICAN
POLICE SERVICE ON THE 07 JUNE 2024 AND IS HELD UNDER MTHATH CAS NUMBER 93/06/2024
AND SAPS 13/488/2024, WHICH IS PROCEEDS OF UNLAWFU ACTIVITIES.
  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 Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern
Cape Local Division, Mthatha) INRESPECT OF A WHITE ISUZU KB (250 R/CAB) WITH REGISTRATION
LETTERS AND NUMBERS JDD 330 3EC, CHASSIS NUMBER ACVBRRAR8H4002403 AND ENGINE
NUMBER 4JA13H1270 WHICH IS AN INSTRUMENTALITY OF AN OFFENCE AMD WAS SEIZED BY
MEMBERS OF THE SOUTH AFRICAN POLICE SERVICE ON THE 07 JUNE 2024 AND IS HELD UNDER
MTHATH CAS NUMBER 93/06/2024 AND SAPS 13/488/2024, WHICH IS PROCEEDS OF UNLAWFU
ACTIVITIES.
  This notice is addressed to Ndzolo Lucky Tyali an adult male of Slovo Park, Xesibe Street - Mthatha - 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.

                           This gazette is also available free online at www.gpwonline.co.za
   44     No. 53330                     GOVERNMENT GAZETTE, 12 SEPTEMBER 2025