Thabo Abel Simbini
Court order seizes property linked to crime · Published 2022-01-21 · What is a POCA?
- Party
- Thabo Abel Simbini
- Date
- 2021-11-02
Case
- Case number
- 54253/2021
- Court
- Gauteng Division, Pretoria
Parties addressed
- Thabo Abel Simbini
Asset description
A R10 000.00 in cash seized by the Police as proceeds of corrupt activity, to wit bribery and corruption. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
From the gazette
9 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.
10 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:
The State Attorney
Applicant's Attorneys
11th floor
Fedsure Building
49 Charlotte Maxeke Street
BLOEMFONTEIN
Tel: 051 400 4300
Any correspondence or other enquiries must also be directed to this address or contact number.
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Case No: 54253/2021
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2021-11-02, BEFORE THE HONOURABLE JUSTICE LEDWABA DJP, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A R10 000.00 in cash seized by Police on 13 November 2020 as proceeds of corrupt activity, to wit
bribery and corruption.
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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Pretoria) on 02 November 2021 in case number 54253/2021 in relation to: A R10 000.00 in cash
seized by the Police as proceeds of corrupt activity, to wit bribery and corruption.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
This notice is addressed to Thabo Abel Simbini, whose last know address is 4517 Gautemala Street, Ext 4,
Cosmo City, Gauteng 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 21 Januarie 2022 No. 45782 31
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 V Mulaudzi, 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:
VuMulaudzi@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
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Case No: 50343/2020
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2021-12-13, BEFORE THE HONOURABLE JUSTICE RAULINGA ON 13 DECEMBER 2021
In the matter between: THE LAND AND AGRICULTURAL DEVELOPMENT BANK OF SOUTH AFRICA,
Applicant, and HILDA MCGOVERN (IDENTITY NUMBER: 710329 0052 08 8), Respondent
This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the
Registrar of the Court and is submitted electronically to the Parties / their legal representative by email. This
Order is further uploaded to the electronic file in the matter on Case Lines by the Judge or his secretary. The
date of this Order is deemed to be 13 December 2021
1. Having read the papers and hearing argument by counsel on behalf of the Applicant in this matter, the
following order is made:
1.1 The Rule Nisi is extended to 31 January 2022;
1.2 The Respondent's Notice to oppose sequestration, founding affidavit and the annexures thereto dated 25
October 2021 are declared to be irregular.
1.3 The Respondent's notice to oppose sequestration, founding affidavit and the annexures thereto dated 25
October 2021 are wholle set aside and shall be removed from the Court file;
1.4 Costs of the extension of the Rule Nisi are costs in the cause;
1.5 The Applicant is awarded the costs of the Application in terms of Rule 30(3) on a scale as between attorney
and client.
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Case No: 50346/2020
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
JUSTICE RAULINGA, 2021-12-13, BEFORE THE HONOURABLE JUSTICE RAULINGA ON 13 DECEMBER 2021
In the matter between: THE LAND AND AGRICULTURAL DEVELOPMENT BANK OF SOUTH AFRICA,
Applicant, and RINA KRUGER, IDENTITY NUMBER: 730509 0161 08 0, Respondent
This Order is made and Order of Court by the Judge whose name is reflected herein, duly stamped by the
Registrar of the Court and is submitted electronically to the Parties / their legal representatives by email. This
Order is further uploaded to the electronic file of this matter on Case Lines by the Judge or his secretary. The
date of this Order is deemed to be 13 December 2021
1. Having read the papers and hearing the argument by counsel on behalf of the Applicant in this matter, the
following order is made:
1.1 The Rule Nisi is extended to 31 January 2022;
1.2 The Respondent's Notice to oppose sequestration, founding affidavit and the annexures thereto dated 25
October 2021 are declared to be irregular;
1.3 The Respondent's Notice to oppose sequestration, founding affidavit and the annexures thereto dated 25
October 2021 are wholly set aside and shall be removed from the Court file;
1.4 Costs of the extension of the Rule Nisi are costs in the cause.
1.5 The Applicant is awarded the costs of the Application in terms of Rule 30(3) on a scale as between attorney
and client.
This gazette is also available free online at www.gpwonline.co.za
32 No. 45782 GOVERNMENT GAZETTE, 21 January 2022