Abongile Balfour, Akhona Xhotyeni

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

Party
Abongile Balfour, Akhona Xhotyeni
Date
2025-07-15

Case

Case number
3053/2025

Parties addressed

  • Abongile Balfour, Akhona Xhotyeni

Asset description

a Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an offence and R9 096 in cash which is proceeds of an unlawful activity that was seized by the South African Police Service in King Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder.)

From the gazette

                                     IN THE HIGH COURT OF SOUTH AFRICA
                           (Eastern Cape Division, Makhanda, Eastern Cape / Oos-Kaap)
                              Makhanda, 2025-07-15, Before Hounarable Justice LAING
                In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In re: a Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an
offence and R9 096 in cash which is proceeds of an unlawful activity that was seized by the South African
Police Service in King Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023
  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 ,Makhanda ) on 15 July 2025 in case number 3053/2025 in relation to: a
Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an offence and R9 096
in cash which is proceeds of an unlawful activity that was seized by the South African Police Service in King
Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023 (a copy of which can be
obtained from the person motioned in par 9 hereunder.)
   This notice is addressed to Abongile Balfour, Akhona Xhotyeni           and 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

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

Source