Nokuthula Primrose Kate
Court order seizes property linked to crime · Published 2026-04-10 · What is a POCA?
- Party
- Nokuthula Primrose Kate
Case
- Court
- WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap
Parties addressed
- Nokuthula Primrose Kate
From the gazette
Case No: 104 /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 Volkswagen POLO motor vehicle with registration number CAW 15922 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 February 2026 , in case number 104 /2026 relation to: A
Volkswagen POLO motor vehicle with registration number CAW 15922 (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 Nokuthula Primrose Kate 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
STAATSKOERANT, 10 APRIL 2026 No. 54471 53
11. His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: 021 4419200and Fax: (021)
421-9364 /. Email: CDavis@npa.gov.za.
National Prosecuting Authority, 115 Buitengracht Street Cape Town, Tel: 0214877159, Email:
TMarco@npa.gov.za.
Date submitted: 2026-03-11
Case No: 2025-033440
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2025-08-22, Before the Honourable Acting Justice O’Brien
In the matter between: The National Director of Public Prosecutions, Applicant
In re: An application for a forfeiture order in terms of section 48 of the Prevention of Organised Crime Act 121 of
1998 of property described as a white Ford Bantam motor vehicle with registration number CW 56695, which is
presently subject to a preservation order dated 18 March 2025
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
Case No: 2025-033440
On 22 August 2025, Before the Honourable Acting Justice O'Brien
In the application of: The National Director of Public Prosecutions, Applicant
In re: An application for a forfeiture order in terms of section 48 of the Prevention of Organised Crime Act 121
of 1998 of property described as a white Ford Bantam motor vehicle with registration number CW 56695, which
is presently subject to a preservation order dated 18 March 2025
ORDER
Having read the 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 50 of the Prevention of Organised Crime Act 121 of
1998 ( POCA) declaring forfeit to the State property described as a white Ford Bantam motor vehicle with
registration number CW 56695 ( the vehicle), seized by members of the South African Police Service ( SAPS) in
the Rawsonville area, Western Cape on 28 June 2023.
2 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.
3 This order `takes effect' in terms of section 50(6) of POCA, that is within 45 days after the Government
Gazette publication.
4 Leigh Leaser, an Enforcement Officer in the employ of the Asset Forfeiture Unit ( AFU) of the National
Prosecuting Authority, Cape Town, or any responsible member of the AFU office or a qualified auctioneer
appointed and duly authorised by the applicant in her stead, be and is hereby authorised and directed to uplift the
property from the SAPS for the purposes of:
4.1 Realising the white Ford Bantam motor vehicle with registration number CW 56695 at best, by way of
public auction or private treaty;
4.2 Sign all documentation necessary to give effect to the sale, transfer and registration of the property and
4.3 Pay the proceeds of the sale, after deducting such expenses as may be occasioned by the sale, into the
banking account of the Criminal Asset Recovery Account held at the Reserve Bank established under section 63
of POCA, account number 80303056, after the expiry of 45 calendar days from the date of the publication of the
forfeiture order in the Government Gazette.
BY ORDER OF COURT
REGISTRAR OF THE HIGH COURT
Box 30 State attorney Cape Town, C Bailey 021 4419200, Cobailey@justice.gov.za
OFFICE OF THE CHIEF JUSTICE, Western Cape High Court, Tel: 0214802411, Email:
AMarinus@judiciary.org.za AND nhanekom@judiciary.org.za.
Date submitted: 2026-03-02
This gazette is also available free online at www.gpw.gov.za
54 No. 54471 GOVERNMENT GAZETTE, 10 APRIL 2026