Kathithi Construction with its physical address being at number 605 section D

Court order seizes property linked to crime · Published 2025-10-03 · What is a POCA?

Party
Kathithi Construction with its physical address being at number 605 section D

Case

Case number
2025-092481
Court
Limpopo Local

Parties addressed

  • Kathithi Construction with its physical address being at number 605 section D

Asset description

a green (white according to eNatis records) Freightliner tipper truck with registration number FS86TLGP and a yellow Tractor Loader Backhoe (TLB) with no registration number seized on 27 January 2025 by the members of the South African Police Services (SAPS) and held under Hlogotlou CAS 218/01/2025 at Hlogotlou SAPS Pound with reference SAP13125/2025. (a copy of the application and order can be obtained from the person mentioned in paragraph 10 hereunder) . 1.

From the gazette

IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
   The National Director of Public Prosecutions applied for and was granted a preservation of property order in
terms of section 38 of the
  Prevention of Organised Crime Act, No.121 0of 1998 in the High Court of South Africa (Limpopo Local
Division, Polokwane) on the 26 June 2025 case number 2025-092481 in relation to:a green (white according to
eNatis records) Freightliner tipper truck with registration number FS86TLGP and a yellow Tractor Loader
Backhoe (TLB) with no registration number seized on 27 January 2025 by the members of the South African
Police Services (SAPS) and held under Hlogotlou CAS 218/01/2025 at Hlogotlou SAPS Pound with reference
SAP13125/2025. (a copy of the application and order can be obtained from the person mentioned in paragraph 10
hereunder) .
  1. This notice is addressed to Kathithi Construction with its physical address being at number 605 section D,
Ekangala and any persons who may have an interest in the property described above.
  Take notice that:
  2) 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.
   3) 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.
   4) 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 sections 39(3),
(4) and (5) of the POCA. Appearance must comply with these requirements.
  5) Your intention 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.
  6) 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.
   7) 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.
   8) 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.
   9) 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.
  10) 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:

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 03 OKTOBER 2025                                No. 53450      41

  The State Attorney: Mr. T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699
  Reference: 801/001276/2025/03(SI)
  His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086
452 8838
  Any correspondence or other inquiries must also be directed to this address or contact number.
  National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON, Tel: 0150450319, Email: NaStemele@npa.gov.za.
  Date submitted: 2025-09-23

                                   IN THE HIGH COURT OF SOUTH AFRICA
                             (LIMPOPO LOCAL DIVISION, POLOKWANE, Limpopo)
         POLOKWANE, 2023-03-02, Before the Honourable Justice: M V SEMENYA AJP, in Chambers
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant

In re: a White Mercedes-Benz Axor tipper truck with registration number JR 23 YR GP chassis number
WDB9536416L532095 and engine number 90692600883102 seized by members of the South African Police
Services in the Burgersfort Policing area on 22 May 2022 under case docket Burgersfort CAS 247/05/2022 and
held at Gateway police pound Polokwane with reference number SAP13 500/2022 and Chrome that was found
loaded on the truck.

Source