James Nyamunga

                                                                                              Case No: 106/2026
                                    IN THE HIGH COURT OF SOUTH AFRICA
                 (EASTERN CIRCUIT LOCAL DIVISION, GEORGE, Western Cape / Wes-Kaap)
          AT THEMBALETHU, 2026-03-06, BEFORE THE HONOURABLE MR JUSTICE THULARE
                   In the matter between: The National Director of Public Prosecutions, Applicant
In re: A Suzuki S-Presso motor vehicle with registration number CAW 52838 An application for a preservation of
vehicle order in terms of section 38 of The Prevention of Organised Crime Act 121 of 1998.
  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 applied for and was granted a preservation of vehicle order in
terms of section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the HIGH COURT OF SOUTH
AFRICA (Eastern Circuit Local Division, George) on 6 March 2026 , in case number: 106 /2026 relation to: A
Suzuki S-Presso motor vehicle with registration number CAW 52838 (the vehicle) (a copy of the application and
order can be obtained from the person mentioned in par 9 hereunder).
  This notice is addressed to James Nyamunga and all persons who may have an interest in the vehicle
described above.
  Take notice that:
   1. If you have an interest in the vehicle, 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 vehicle, 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 vehicle.
   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 vehicle 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 vehicle 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:
  10. The State Attorney: Mr. C Davis, 4 th Floor, 22 Long Street Cape Town.

                             This gazette is also available free online at www.gpw.gov.za
   52      No. 54471                        GOVERNMENT GAZETTE, 10 APRIL 2026