Notice

Court order seizes property linked to crime · Published 2022-01-21 · What is a POCA?

Date
2021-09-29

Case

Case number
48273/2021
Court
Gauteng Division, Pretoria

Asset description

(1.) A White Nissan Hardbody registration number JF 42ZN GP,Chassis/Vin number ACNJ49000E016195,Engine number ZD300045470T,SAPS 13/1378/2021;(2.)HD65 Truck registration WZN 688GP,Chassis number KMFGA17ER5G028596.Engine number V044487468,SAPS 13/1380/2021;(3.) Nissan Hardbody registration TVF 426 GP,Engine number TD27765431.SAPS 13/1379/2021,held under Villeria Cas 189/4/2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

From the gazette

                                                                                                         Case No: 48273/2021
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                               (GAUTENG DIVISION, PRETORIA)
       PRETORIA, 2021-09-29, BEFORE THE HONOURABLE JUSTICE PHAHLAMOHLAKE AJ, IN CHAMBERS
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
   In re: 1.A White Nissan Hardbody registration number JF42ZN GP,Chassis/Vin ACNJ49000E016195,Engine
                                          number ZD30045470T,SAPS 13/1378/2021;
           2.HD 65 Truck registration WZN688GP,Chassis number KMFGA17ER5G028596,Engine number
                                                V044487468,SAPS 13/1380/2021;
     3.Nissan Hardbody registration TVF 425 GP,Engine number TD27765431,SAPS 13/1379/2021 held under
                                                     Villeria Cas 189/4/2021
    IN AN APPLICATION FOR A PRESERVATION OF PROPERTY ORDER IN TERMS OF SECTION 38 OF THE
                                  PREVENTION OF ORGANISED CRIME ACT 121 OF 1998.
            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 29 September 2021 in case number 48273/2021 in relation to: (1.) A White Nissan
 Hardbody registration number JF 42ZN GP,Chassis/Vin number ACNJ49000E016195,Engine number
 ZD300045470T,SAPS              13/1378/2021;(2.)HD65         Truck      registration    WZN       688GP,Chassis         number
 KMFGA17ER5G028596.Engine number V044487468,SAPS 13/1380/2021;(3.) Nissan Hardbody registration TVF 426
 GP,Engine number TD27765431.SAPS 13/1379/2021,held under Villeria Cas 189/4/2021
            (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.
            This notice is addressed (1.)Wikkie Rieckert whose last known address is 1237,Lawrence Street,Queenswood
 ,Pretoria ;(2.) Cornellius Venter whose last known address is 135 Alice Street ,Jan Niemand Park ,Pretoria 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 V Mulaudzi, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows:

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 21 Januarie 2022                                        No. 45782   33

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
                                               ----------oo0oo----------
                                                                                                        Case No: 19965/2021
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                                 (WESTERN CAPE DIVISION)
                           CAPE TOWN, 2021-12-14, Before the Honourable Ms Justice Savage
   In the matter between: The National Director of Public Prosecutions, Applicant, and SHAMEEL MARCUS,
                                                           Respondent
In re: an application in terms of Section 38 of the Prevention of Organised Crime Act, 121 of 1998 for the preservation
of property described as R27 580 in cash seized by members of the South African Police Service on 9 July 2020.
                                                          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 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
(Western Cape Division, Cape Town) on 14 December 2021 in case number 19965/2021 in relation to: property
described as R27 580 in cash seized by members of the South African Police Service on 9 July 2020. (a copy
of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed 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 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 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 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 POCA.
7 You may, on good cause shown (including the non-availability of any other suitable remedy to protect your legitimate

Source