Moshitwana Frans Mohlala ( Mohlala) and Mashiyanyana Lydia Phahlamohlaka

Court order seizes property linked to crime · Published 2025-11-07 · What is a POCA?

Party
Moshitwana Frans Mohlala ( Mohlala) and Mashiyanyana Lydia Phahlamohlaka

Case

Case number
2025-121431
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Moshitwana Frans Mohlala ( Mohlala) and Mashiyanyana Lydia Phahlamohlaka

Asset description

The sum of R 71 686.30 in cash seized on 28 May 2020 by the South African Police Service under Nebo CAS: 122/05/2020 and held in the South African Police Service account number 0023 001 702749 and receipt number 40 5452 0287 .(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 25 July 2025 case number 2025-121431 in relation to:The sum of R
71 686.30 in cash seized on 28 May 2020 by the South African Police Service under Nebo CAS: 122/05/2020
and held in the South African Police Service account number 0023 001 702749 and receipt number 40 5452 0287
.(a copy of the application and order can be obtained from the person mentioned in paragraph 10 hereunder) .
   1. This notice is addressed to Moshitwana Frans Mohlala ( Mohlala) and Mashiyanyana Lydia Phahlamohlaka
( Phahlamohlaka), residing at Mogaladi Village, Stand No: B038, House No: 40032, Nebo, Limpopo.
  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.

                           This gazette is also available free online at www.gpwonline.co.za
                                  STAATSKOERANT, 07 NOVEMBER 2025                                No. 53618     37

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:
   The State Attorney: Mr. T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699 Reference: 801/001584/2025/03(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: 2025-10-28

                            IN THE HIGH COURT OF SOUTH AFRICA
                      (LIMPOPO LOCAL DIVISION, POLOKWANE, Limpopo)
             POLOKWANE, 2025-07-21, Before the Honourable Justice: PILLAY AJ , in Chambers

Source