BONGINKOSI SAKHILE MCANYANA, MUZIKAYISE SIBUSISO

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.

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, 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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                                This gazette is also available free online at www.gpwonline.co.za
54  No. 45995                          GOVERNMENT GAZETTE, 4 March 2022