Michael Okoye at Flat 4/Flat 12, John Building, Anderson Street, Klerksdorp and

Court order seizes property linked to crime · Published 2026-02-27 · What is a POCA?

Party
Michael Okoye at Flat 4/Flat 12, John Building, Anderson Street, Klerksdorp and
Date
2025-12-04

Case

Case number
230929/2025
Court
North West Division, Mahikeng

Parties addressed

  • Michael Okoye at Flat 4/Flat 12, John Building, Anderson Street, Klerksdorp and

Asset description

1. Cash amount of R130 000 seized on 02 September 2023 by members of the Klerksdorp SAPS and held at Klerksdorp SAPS Finance office account under Klerksdorp SAP13 77/2025. 2. Cash amount of R58 785 seized on 08 September 2023 by members of the Klerksdorp SAPS and held at Klerksdorp SAPS Finance office account under Klerksdorp SAP13 78/2025.. ( a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R130 000

From the gazette

        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 04 DECEMBER 2025 in case number 230929/2025 in relation to:
  1. Cash amount of R130 000 seized on 02 September 2023 by members of the Klerksdorp SAPS and held at
Klerksdorp SAPS Finance office account under Klerksdorp SAP13 77/2025.
  2. Cash amount of R58 785 seized on 08 September 2023 by members of the Klerksdorp SAPS and held at
Klerksdorp SAPS Finance office account under Klerksdorp SAP13 78/2025.. ( a copy of the application and order
can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to Michael Okoye at Flat 4/Flat 12, John Building, Anderson Street, Klerksdorp 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: 0144//26/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.
  Date submitted: 2026-02-20

                             This gazette is also available free online at www.gpw.gov.za
                                 STAATSKOERANT, 27 FEBRUARIE 2026                              No. 54208     43

                            IN THE HIGH COURT OF SOUTH AFRICA
                   (NORTH WEST DIVISION,MAHIKENG, North West / Noordwes)
             MMABATHO, 2026-01-29, BEFORE The Honourable Madam Justice MATLHAPE AJ

             In the application of: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: 1. A White Volkswagen VW 240 Polo Vivo, 1.4-063-FM5 Light passenger vehicle with register number
HCR371K, License number HC35WXGP, Chassis number AAVZZZ6SZHU030061 and Engine number
CLP278567. 2. Cash amount of R7 790 seized on 26 September 2023 at Mahikeng and held at Mahikeng SAPS
Finance office account with receipt number 27513306 under Mahikeng SAP13 1337/2022.

IN AN APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 READ WITH SECTION 53
                OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
    Having heard Adv M.R Mahlafore of the Applicant and having read the notice of Motion and other documents
filed of records; i t is ordered:
  1. That An order is granted in terms of the provision so section 53 of the Prevention of Organised Crime Act
121 of 1998 ( the Act) declaring forfeit to the State :
  1.1 A White Volkswagen VW 240 Polo Vivo, 1.4-063-FM5 Light passenger vehicle with register number
HCR371K, License number HC35WXGP, Chassis number AAVZZZ6SZHU030061 and Engine number
CLP278567. ( The property ).
   1.2. Cash amount of R7 790 seized on 26 September 2023 at Mahikeng and held at Mahikeng SAPS Finance
office account with receipt number 27513306 under Mahikeng SAP13 1337/2022. ( The cash ).
  2. THAT: In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.
  3.THAT: Subject to paragraph 4 below, the property shall remain in the custody of SAPS Mahikeng under
Mahikeng SAP13 1337/2022.
  4. THAT: The SAPS is ordered to within 10 days from the date of this order, deposit the cash into the Criminal
Assets Recovery Account (the CARA) established under Section 63 of the POCA, account number 80303056,
held at the South African Reserve Bank (SARB), Vermeulen street, Pretoria.
  5. THAT: The SAPS shall furnish the applicant with proof of payment by email to AMdunyelwa@npa.gov.za
  6. THAT: Upon the expiration of a 45 days period after a notice of this order is published in the Government
Gazette, the SAPS is authorised to release the property to the appointed Auctioneers for the sale of the
vehicle.
  6.1 Deduct auctioneer fees and expenses incurred in both the preservation and forfeiture applications as
approved by the Head: Enforcement in the Asset Forfeiture Unit within the Office of the National Director of
Public Prosecutions from any remaining forfeited property alternatively by the state; and
  6.2 Deposit any remaining proceeds of the sale into the Criminal Assets Recovery Account. (CARA)
  7. THAT: The auctioneer shall as soon as possible, but not later than within a period of 90 days of this order
coming into effect, file a report with the applicant indicating the manner in which he/she:
  7.1 Completed the administration of the property mentioned a bove; and
  7.2 Complied with the terms of this order
   8. THAT:The auctioneer shall have all such powers, duties and authority as provided for in the POCA and in
this order, including such powers, duties and authority reasonable incidental thereto.
   9. THAT: Any person whose interest in the property concerned is affected by the forfeiture order may within
20 days after he or she acquired such knowledge of the order, set the matter down for variation or rescission by
the court.
  8.THAT: The appointment of the curator bonis is dispensed with.
  BY ORDER OF THE COURT
  THE REGISTRAR OF THE HIGH COURT OF SOUTH AFRICA
  NORTH WEST DIVISION,MAHIKENG
  State Attorney Mahikeng
  Ref No: 2177/25/P2

                            This gazette is also available free online at www.gpw.gov.za
   44      No. 54208                    GOVERNMENT GAZETTE, 27 FEBRUARY 2026

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