Notice
Court order seizes property linked to crime · Published 2022-03-04 · What is a POCA?
- Date
- 2022-02-23
Case
- Case number
- D2369/2021
Asset description
certain property described as: White Toyota Corolla Quest 1.6 plus, sedan motor vehicle, bearing licence number ND851033, Vehicle register number: GLW425L; chasis number AHTLB52E303109678 and engine number: 1ZRV330319 seized by the South African Police Service on 04 June 2021 and is held under Pongola CAS 16/06/2021 at Pongola Police Station(“the property”) [a copy of which can be obtained from the person mentioned in paragraph 9 hereunder]. This notice is addressed to Thaletelihle Phila Mbutho
From the gazette
Case No. 47154/2021
PH No. 53
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
PRETORIA, 2022-02-10, THE HONOURABLE MADAM JUSTICE VAN DER SCHYFF, J
IN THE MATTER BETWEEN: PHUMULA INVESTMENTS (PTY) LTD, APPLICANT, and
MLUNGISI DANIEL FELITI, RESPONDENT
Having read the papers and after hearing Counsel for the Applicant, the following order is made:
IT IS ORDERED THAT:
1. That the estate of the Respondent is provisionally sequestrated and placed into the hands of the Master of the
High Court;
2. That the Respondent or any interested party is called upon to advance reasons, if any, why the Court should not
order the final sequestration of the Respondent's estate on 4 March 2022 at 10h00 or as soon thereafter as the
matter may be heard;
3. That the provisional order be served upon the Respondent personally;
4. That the provisional order be published in the Government Gazette and the Citizen Newspaper;
5. That the costs of this application be costs in the sequestration of the Respondent's estate.
KRUGEL HEINSEN INCORPORATED, PROFFICE BUILDING, ROUTE N4 BUSINESS PARK, 23 CORRIDOR
CRESCENT, WITBANK, mandi@krugels.co.za, 013 653 6400.
Date Submitted: 2022-02-14.
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Case No. D1796/2021
IN THE HIGH COURT OF SOUTH AFRICA
KwaZulu - Natal Local Division, DURBAN
DURBAN, 2022-02-23, BEFORE THE HONOURABLE JUSTICE HIRALALL
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
White Toyota Corolla Quest 1.6 plus, sedan motor vehicle, bearing licence number ND851033
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, KwaZulu -Natal Local Division, Durban on 23 February 2022 in case number D2369/2021 in relation to certain
property described as: White Toyota Corolla Quest 1.6 plus, sedan motor vehicle, bearing licence number ND851033,
Vehicle register number: GLW425L; chasis number AHTLB52E303109678 and engine number: 1ZRV330319 seized
by the South African Police Service on 04 June 2021 and is held under Pongola CAS 16/06/2021 at Pongola Police
Station(“the property”) [a copy of which can be obtained from the person mentioned in paragraph 9 hereunder]. This
notice is addressed to Thaletelihle Phila Mbutho of J1152 Nqayi Road, KwaMashu Township, Durban, KwaZulu Natal
and all persons who may have an interest in the property.
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 of Public Prosecutions will, within 90 days of publication of this notice,
apply to the High Court under Section 48 of the Prevention of Organised Crime Act, No.121 of 1998 (“the Act”) 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 Act. 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 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 4 Maart 2022 No. 45995 53
9. Whenever this order states that you must deliver or serve any notice, affidavit or other process document on the
Applicant, deliver or serve them at: The State Attorney KwaZulu - Natal, 6th floor, Metropolitan Life Building, 391 Anton
Lembede Street, Durban, Tel: (031) 365 2500 Fax: (031) 306 244.
National Prosecuting Authority (Order no: 024609), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
JGwe@npa.gov.za, 0313345242.
Date Submitted: 2022-02-24.
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Case No. D1797/2021
IN THE HIGH COURT OF SOUTH AFRICA
KwaZulu - Natal Local Division, DURBAN
DURBAN, 2022-02-23, BEFORE THE HONOURABLE JUSTICE HIRALALL
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
An amount of R67 900 held at Durban North police station under SAP13/705/2021; SAP13/706/2021;
SAP13/707/2021; SAP13/708/2021 and SAP13/709/2021 which is currently held by the South African Police
Services via Ndwedwe CAS 46/10/2021
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, KwaZulu -Natal Local Division, Durban on 23 February 2022 in case number D1797/2022 in relation to property
described as an amount of R67 900 held at Durban North police station under SAP13/705/2021; SAP13/706/2021;
SAP13/707/2021; SAP13/708/2021 and SAP13/709/2021 which is currently held by the South African Police Services
via Ndwedwe CAS 46/10/2021 (“the property”) [a copy of which can be obtained from the person mentioned in
paragraph 9 hereunder]. This notice is addressed to BONGINKOSI SAKHILE MCANYANA, MUZIKAYISE SIBUSISO
KHOZA, PHAKAMANI KHULEKANI MNYAKA, THEMBINKOSI NDLOVU, LUNGELO MTHEMBU, FIDELITY CASH
SOLUTIONS 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 of Public Prosecutions will, within 90 days of publication of this notice,
apply to the High Court under Section 48 of the Prevention of Organised Crime Act, No.121 of 1998 (“the Act”) 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 Act. 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 Act.