Kethupilwe G
Court order seizes property linked to crime · Published 2025-11-07 · What is a POCA?
- Party
- Kethupilwe G
- Date
- 2025-07-17
Case
- Case number
- 2461/2025
- Court
- North West Division, Mahikeng
Parties addressed
- Kethupilwe G
Identifiers
- Cash amount
- R8 380
From the gazette
amount of R8 380 seized on 11 September 2023 at Mmabatho and held at Mmabatho SAPS Finance office
account with receipt numbers 30790375 under Mmabatho Cas number 161/09/2023.
IN AN APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38(1) OF THE
PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa
(North West Division, Mahikeng) on 17 JULY 2025 in case number 2461/2025 in relation to:
1. A White Volkswagen VW 241 Polo Vivo 1.4P-063-FM5 Light passenger vehicle with register number
FDM497K, License number KY99BSGP, Chassis number AAVZZZ6SZCU032272 and Engine number
CLP097137 seized on 11 September 2023 under Mmabatho CAS 161/09/2023 and SAP13/957/2023.
2. Cash amount of R8 380 seized on 11 September 2023 at Mmabatho and held at Mmabatho SAPS Finance
office account with receipt numbers 30790375 under Mmabatho Cas number 161/09/2023.
3. A White Volkswagen VW 240 Polo Vivo 1.4P-055-FM5-2D Light passenger vehicle with register number
FDB928K, License number KYL454NW, Chassis number AAVZZZ6SZCU029682 and Engine number
CLP094690 seized on 08 May 2024 under Mmabatho CAS 121/05/2025 and SAP13/628/2023.
4. A White Volkswagen VW 250 Polo 1.2P-066 -FM5 Light passenger vehicle with register number GTR924K,
License number LR87PDGP, Chassis number AAVZZZ6RZGU067876 and Engine number CJZA66640 seized
on 06 June 2024 under Mmabatho CAS 70/06/2024 and SAP13/722/2023. (a copy of the application and order
can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Kethupilwe G.K residing at House No. 12124, Mocoseng Village, Mahikeng,
Walters N.K residing at House No. 47B, Homer Street, Rustenburg or at 450C Mkhonza Street, White City,
Jabavu, Soweto. Molefe B.J residing at 63A Durban Street, Johannesburg or at 50315, Block 5 Welgeval,
Rustenburga and any 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 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 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.
8. 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.
9. 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: Attorneys for Applicant First Floor East Gallery, Mega City, 3139 Sekame Street
Mmabatho TEL: 018 384 0269/0161/0315 REF: 19351/25/ P2
National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139
Sekame Road Mmabatho 2735, Tel: 018-381-9017, Email: MMahlafore@npa.gov.za.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 07 NOVEMBER 2025 No. 53618 47
WESTERN CAPE / WES-KAAP
Case No: 2025-021374
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2025-07-30, Before the Honourable Mr Acting Justice Cooke
In the matter between: The National Director of Public Prosecutions Applicant
In re: A silver Toyota Etios motor vehicle with registration number CY317051 An application for a forfeiture order
in terms of Section 48 of the Prevention of Organised Crime Act, 121 of 1998.
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
Case Number: 2025-021374
Held at Cape Town on Wednesday, 30 July 2025,, Before the Honourable Mr Acting Justice Cooke
In the matter of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A silver Toyota Etios motor vehicle with registration number CY317051
An application for a forfeiture order in terms of Section 48 of the Prevention of Organised Crime Act, 121 of
1998 .
ORDER
Having read the notice of motion, affidavits and annexures thereto, and having heard counsel for the applicant,
IT IS HEREBY ORDERED THAT:
1 An order is granted in terms of the provisions of section 53 of the Prevention of Organised Crime Act 121 of
1998 ( POCA) declaring forfeit to the State property described as a silver Toyota Etios motor vehicle with
registration number CY317051 ( the vehicle); which is presently subject to a preservation order dated 10 March
2025.
2 Leigh Leaser, an assistant enforcement manager with the Asset Forfeiture Unit of the National Prosecuting
Authority, Cape Town, is directed and authorised to:
2.1 Sell the vehicle at best, by way of public auction or private treaty;
2.2 Sign all documentation necessary to give effect to the sale, transfer and the registration of the vehicle and
2.3 Pay the proceeds of the sale, after deducting such expenses as may be incurred by the sale, into the
banking account of the Criminal Asset Recovery Account held at the Reserve Bank, account number 80303056
as soon as the forfeiture order `takes effect' in terms of section 50(6) of POCA, that is after the expiry of 45
calendar days from the date of the publication of the forfeiture order in the Government Gazette.
3 Any person whose interest in the property concerned is affected by this order or other order made by the
court under section 50(1), may within 20 days after he/she has acquired knowledge of such order or direction, set
the matter down for variation or rescission by the court.
4 The Registrar of this court is directed in terms of section 50(5) of the POCA to publish a notice of this order
in the Government Gazette as soon as practicable after the order is made.
BY ORDER OF COURT
COURT REGISTRAR
30 State Attorney, Cape Town
Colleen Bailey 021 441 9206, CoBailey@justice.gov.za
OFFICE OF THE CHIEF JUSTICE, Western Cape High Court, Tel: 0214802411, Email:
AMarinus@judiciary.org.za AND RDavid@judiciary.org.za.
Date submitted: 2025-08-18
This gazette is also available free online at www.gpwonline.co.za
48 No. 53618 GOVERNMENT GAZETTE, 07 NOVEMBER 2025