Tendani Mafela and Mkululi Edwin Davasheand all other persons who may have

Court order seizes property linked to crime · Published 2025-09-19 · What is a POCA?

Party
Tendani Mafela and Mkululi Edwin Davasheand all other persons who may have
Date
2025-08-19

Case

Parties addressed

  • Tendani Mafela and Mkululi Edwin Davasheand all other persons who may have

Identifiers

Cash amount
R13 577

From the gazette

                                                                                         Case No: EL 2025-139017
                                                                                                   Annexure: N/A
                                                                                     P/H or Docex Nr:041-585 7921
                                   IN THE HIGH COURT OF SOUTH AFRICA
                 (Eastern Cape Division (East London Circuit Court ), Eastern Cape / Oos-Kaap)
                         East London, 2025-08-19, Before The Honourable Justice Stretch
              In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: in relation to: In re: Cash to the amount of R13 577 including interest, which is held at NEDBANK
Account number 132 109 698 4which is the proceeds of unlawful activities (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 (East London Circuit Court ) on 19 August 2025 in case number EL 2025-139017 In re :In re: In re:
n relation to: In re: Cash to the amount of R13 577 including interest, which is held at NEDBANK Account
number 132 109 698 4which is the proceeds of unlawful activities (a copy of which can be obtained from the
person motioned in par 9 hereunder.
  This notice is addressed to Tendani Mafela and Mkululi Edwin Davasheand 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.

                           This gazette is also available free online at www.gpwonline.co.za
   44      No. 53349                    GOVERNMENT GAZETTE, 19 SEPTEMBER 2025

Source