JHR Jacobs
Court order seizes property linked to crime · Published 2022-01-28 · What is a POCA?
- Party
- JHR Jacobs
- ID / Reg no
- LGWCBC17286106820
- Date
- 2021-10-29
Case
- Case number
- 54243/2021
- Court
- Gauteng
Parties addressed
- JHR Jacobs
Asset description
A Great Wall Motors with registration number CB46MYGP,Chassis/Vin LGWCBC17286106820,Engine number 0805439026,held at Pretoria West Pound VSS,as per Cas 107/04/2021,held under SAPS 13/1157/2021. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- VINs
- LGWCBC17286106820
From the gazette
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 October 2021 in case number 54243/2021 in relation to: A Great Wall Motors with registration
number CB46MYGP,Chassis/Vin LGWCBC17286106820,Engine number 0805439026,held at Pretoria West Pound
VSS,as per Cas 107/04/2021,held under SAPS 13/1157/2021. (a copy of the application and order can be obtained
from the person mentioned in par 9 hereunder).
This notice is addressed to JHR Jacobs, whose last know address is 21 Dirk Viljoen Road,12 Hennosps MEWS,
Hennospark, Pretoria, 0157 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 28 Januarie 2022 No. 45812 31
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: 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
National Prosecuting Authority ( Order no: 026400), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
ClSibiya@npa.gov.za, 0124856368.
Date Submitted: 2022-01-11.
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Case No. 5082/2020
IN THE HIGH COURT OF SOUTH AFRICA
LIMPOPO DIVISION, POLOKWANE
POLOKWANE, 2020-12-15, BEFORE THE HONOURABLE JUSTICE MAKGOBAJUDGE PRESIDENT
In die ex parte-aansoek van: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Plaintiff
a Red Mazda Pick-up motor vehicle with registration number DNL258L, Chassis number TR086765 and Engine number
F8514788 held at Bolobedu Police pound with reference SAP13 441/2018 and a whithe Toyota Camry motor vehicle
with registration number CTW 144L, Chassis number and Engine number held at Bolobedu Police pound with reference
SAP13 620/2018.
On 15 December 2020, Before the Honourable Justice MAKGOBA JUDGE PRESIDENT
Having read the documents filed of record and having considered the matter,
IT IS HEREBY ORDERED:
1. An order is granted in terms of the provisions of section 50 of the prevention of Organised Crime Act 121 of 1998
(POCA) declaring forfeit to the state :
1.1. a Red Mazda Pick-up motor vehicle with registration number DNL258L, Chassis number TR086765 and Engine
number F8514788 held at Bolobedu Police pound with reference SAP13 441/2018; and
1.2. a whithe Toyota Camry motor vehicle with registration number CTW 144L,
Chassis number and Engine number held at Bolobedu Police pound with reference SAP13 620/2018. (the property)
which is presently subject to a preservation order granted by this honourable court under the above case number on
13 August 2020.
2. In terms of section 56(2) of the POCA, the property shall vest in the state upon granting of this order.
3. Subject to paragraph 4 below, the property shall remain in the custody of the South African Police Service (SAPS)
at Bolobedu police pound and under the control and supervision of Leah Mokgaetsi Bodiba.
4. Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette, Hlamarisa
Simon Rikhotso, a Financial Investigator at Polokwane Asset Forfeiture Unit of the applicant's or any other duly
authorised employee of the applicant is authorised to:
4.1 assume control of the property on behalf of the applicant;
4.2. sell the motor vehicle and chrome at best, either by public auction or private treaty;
4.3 sign all documentation necessary to effect the sale , transfer and registration of the property
4.4 pay all the proceeds of the sale of the property less any commission and incidental expenses occassioned by the
sale into the Criminal Asset
Recovery Account established under section 63 of POCA, account number 80303056 held at the South
African Reserve Bank, Vermuelen Street, Pretoria.
5. Hlamarisa Simon Rikhotso or the duly authorised employee of the applicant shall as soon as possible but not later
than or within a period of
This gazette is also available free online at www.gpwonline.co.za
32 No. 45812 GOVERNMENT GAZETTE, 28 January 2022