Masakhane Totose
Court order seizes property linked to crime · Published 2026-02-20 · What is a POCA?
- Party
- Masakhane Totose
Case
- Court
- EASTERN CAPE LOCAL DIVISION, MTHATHA, Eastern Cape / Oos-Kaap
Parties addressed
- Masakhane Totose
Identifiers
- Cash amount
- R200 000
From the gazette
EASTERN CAPE / OOS-KAAP
Case No: 2026 024084
Annexure: N/A
P/H or Docex Nr:041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division (East London Circuit Court ), Eastern Cape / Oos-Kaap)
East London, 2025-12-04, Before The Honourable Madam Justice Stretch
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re: In re: Cash to the amount of R200 000 including interest, which is held at Tyme Bank (Tyme Bank)
account number 511 334 488 2 0 (a copy of which can be obtained from the person motioned in par 9 hereunder.)
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 (East London Circuit Court ) on 04 February 2026 case no 2026 024084 in Re: Cash to the amount
of R200 000 including interest, which is held at Tyme Bank ( Tyme Bank ) account number 511 334 488 2 0 (a
copy of which can be obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Masakhane Totose 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
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
This gazette is also available free online at www.gpw.gov.za
STAATSKOERANT, 20 FEBRUARIE 2026 No. 54158 31
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:
STATE ATTORNEY EAST LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@
npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, Tel: 043 706-5100, E-mail:
ASakasa@npa.gov.za.
Date submitted: 2026-02-10
Case No: 2025/230297
Annexure: N/A
P/H or Docex Nr:0475029900/0718877857
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA, Eastern Cape / Oos-Kaap)
MTHATHA, 2025-12-09, Justice Appels
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION, Applicant and MADODA
NGOMA, Respondent
In re: APPLICATION IN TERMS OF S38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
IN RESPECT OF A SUM OF R9 377 IN CASH, WHICH WAS SEIZED BY THE SOUTH AFRICAN POLICE
SERVICE ON THE 29 AUGUST 2023 AND IS HELD UNDER FLAGSTAFF CAS NUMBER 118/08/2023.
NOTICE IN TERMS OF SECTION 38 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 Organised Crime Act ,No.121 of 1998 in the High Court of South African ( Eastern
Cape Local Division, Mthatha) R9 377 IN CASH, WHICH WAS SEIZED BY THE SOUTH AFRICAN POLICE
SERVICE ON THE 29 AUGUST 2023 AND IS HELD UNDER FLAGSTAFF CAS NUMBER 118/08/2023.
This notice is addressed to Madoda Ngoma an adult male of Margate Extention 3, No, 1604 Milner Cresent -
Eastern Capeand all persons who may have an interest.
TAKE NOTICE THAT :
1. If you have 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 finalized , 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 also are dealt with in section
39(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 the section 39(4) for the entry of an
appearance referred 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 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 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.
This gazette is also available free online at www.gpw.gov.za
32 No. 54158 GOVERNMENT GAZETTE, 20 FEBRUARY 2026