Thapelo Duncan Mothupi who resides at House number 706 Kagisano Section

Court order seizes property linked to crime · Published 2025-11-28 · What is a POCA?

Party
Thapelo Duncan Mothupi who resides at House number 706 Kagisano Section
Date
2025-09-18

Case

Case number
3918/2025
Court
North West Division, Mahikeng

Parties addressed

  • Thapelo Duncan Mothupi who resides at House number 706 Kagisano Section

Asset description

Cash amount of R3 790.00 seized on 30 August 2023 by the SAPS under Pudumoe Cas 81/08/2023 and deposited into Pudumoe SAPS bank account under receipt numbers: 31017456, 31017931, 31017542 and 31017815. a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R3 790.00
Erf numbers
Erf 7304 Brackenfell, Erf 7305 Brackenfell

From the gazette

  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 18 SEPTEMBER 2025 in case number 3918/2025 in relation to:
  Cash amount of R3 790.00 seized on 30 August 2023 by the SAPS under Pudumoe Cas 81/08/2023 and
deposited into Pudumoe SAPS bank account under receipt numbers: 31017456, 31017931, 31017542 and
31017815. a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to Thapelo Duncan Mothupi who resides at House number 706 Kagisano Section,
Pudumoe 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: 2554/25/ 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.

                              WESTERN CAPE / WES-KAAP
                                                                                          Case No: 2024/148771
                                                                            P/H or Docex Nr:Durbanville Docex 14

                                  IN THE HIGH COURT OF SOUTH AFRICA
                      (Western Cape Division held at Cape Town, Western Cape / Wes-Kaap)

                           This gazette is also available free online at www.gpwonline.co.za
                                 STAATSKOERANT, 28 NOVEMBER 2025                                No. 53709   49

                   Cape Town, 2025-10-15, Acting Judge of the High Court, Judge DJ Cooke

In the matter between: ANDRE JOHAN DIPPENAAR, Applicant and BRANDON MACKRIEL (FIRST
RESPONDENT), THE CITY OF CAPE TOWN (SECOND RESPONDENT) and THE REGISTRAR OF
DEEDS, CAPE TOWN (THIRD RESPONDENT)
                                                                  CASE NO: 2024/148771
  [1] A rule nisiis hereby issued calling upon the Respondents or any other interested party to appear and to
show cause, if any, to this Honourable Court at 10h00 on the semi-urgent roll, on MONDAY 5 OCTOBER
2026,why the following Order should not be made final:
  (a) It is declared that the Applicant is the owner of the triangular strip of 106 square metres between and below
points A and B (“the portion”) on the land surveyor's certificate dated 29 August 2024 and annexed as part of
“AD2” to the founding affidavit.
  (b) That the Third Respondent be authorised and ordered to subdivide the portion from Erf 7304 Brackenfell
and consolidate it with Erf 7305 Brackenfell.
  (c) That the First Respondent sign all documents necessary to give effect to paragraph 1(b) above.
  (d) In the event of the First Respondent failing to sign any document that the Sheriff of the High Court,
Bellville be authorised an ordered to sign such document.
   (e) That the First Respondent be liable for the costs of the application (including the costs of service of this
rule nisi) on scale B.
  (f) That any interested party that unsuccessfully opposes the final order be liable for the costs of this
application on scale B, in addition to the first respondent.
  [2] A copy of this Order shall be served:
  (a) On the Second and Third Respondents.
  (b) On the owners of the adjoining erven, namely:
  2.b.1. ERF 7300 Brackenfell; and
  2.b.2. ERF 7301 Brackenfell.
  (c) On all known mortgagees of any of the following erven:
  2.c.1. ERF 7304 Brackenfell;
  2.c.2. ERF 7305 Brackenfell;
  2.c.3. ERF 7300 Brackenfell; and/or
  2.c.4. ERF 7301 Brackenfell.
  (d) By publication in the Government Gazette and each of:
  2.d.1. the Cape Times; and
  2.d.2. Die Burger newspapers.
   [3] The Applicant, if so advised, may deliver a supplementary affidavit within two weeks of the granting of
this order.
  [4] The Respondents, or any interested party that wishes to show cause, as mentioned in paragraph 1
above, may deliver an affidavit in support thereof within six weeks of the granting of this order.
  [5] The Applicant may deliver replying affidavit(s) in response to any affidavit(s) delivered by any of the
Respondents or any interested party within three weeks after receipt of same.
  Jean Petrus Kotze, 33 Queen Street, Durbanville, Tel: 0219750802, Email: marlene@lslaw.co.za.
  Date submitted: 2025-11-11

                             IN THE HIGH COURT OF SOUTH AFRICA
                   (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
                         CAPE TOWN, 2025-10-15, ACTING JUDGE NJOKWENI

                          This gazette is also available free online at www.gpwonline.co.za
   50      No. 53709                   GOVERNMENT GAZETTE, 28 NOVEMBER 2025

Source