a) Mr Joachim Chivayo with his last known address at Number 36 Pendoring Road, Klippoortjie,Boksburg

Court order seizes property linked to crime · Published 2026-04-17 · What is a POCA?

Party
a) Mr Joachim Chivayo with his last known address at Number 36 Pendoring Road, Klippoortjie,Boksburg
Date
2026-02-19

Case

Parties addressed

  • a) Mr Joachim Chivayo with his last known address at Number 36 Pendoring Road, Klippoortjie,Boksburg

Asset description

Six blocks of gold seized by the South African Police Services officials on 26 November 2024 in the Brakpan Policing area and being held under SAPS case docket Brakpan CAS 366/11/2024 as per SAP13 1495/2024. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

From the gazette

                                    IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA, Gauteng)
         PRETORIA, 2026-02-19, BEFORE THE HONOURABLE JUSTICE DAVIS DJP IN CHAMBERS
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Six blocks of gold seized by the South African Police Services officials on 26 November 2024 in the
Brakpan Policing area and being held under SAPS case docket Brakpan CAS 366/11/2024 as per SAP13
1495/2024.
  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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Pretoria) on 19 February 2026in case number 2026- 021685in relation to:Six blocks of
gold seized by the South African Police Services officials on 26 November 2024 in the Brakpan Policing area
and being held under SAPS case docket Brakpan CAS 366/11/2024 as per SAP13 1495/2024.
  (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
  This notice is addressed to
  a) Mr Joachim Chivayo with his last known address at Number 36 Pendoring Road, Klippoortjie,Boksburg.
  b) Mr Ayanda Brian Gungwa at his last known address at Number 39 Kumbathoni Flat, Florida, Roodepoort.
  and to all 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 an 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 Act. 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 Act;
   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 addresses:
  THE STATE ATTORNEY:Mr K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact
details are as follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309
01649/50. Email: KKgaphola@justice.gov.za and
   Clay Sibiya at the VGM Building, 123 Westlake Ave ,Weavind Park, Silverton. His contact details are as
follows Tel: 012 845 6368. Email: ClSibiya@npa.gov.za

                             This gazette is also available free online at www.gpw.gov.za
   28      No. 54503                        GOVERNMENT GAZETTE, 17 APRIL 2026

Source