Thami Nomalatshe
Court order seizes property linked to crime · Published 2022-02-04 · What is a POCA?
- Party
- Thami Nomalatshe
- Date
- 2022-01-18
Case
- Case number
- 47/2022
- Court
- Eastern Cape Division, Grahamstown on 18 January 2022 in case number 47/2022 in re
Parties addressed
- Thami Nomalatshe
Asset description
In re:Toyota Hilux with registration no CVN 237 L the property which is an instrumentality of an offence and was seized by the South African Police Service (the SAPS) on 6 0ctober 2021 and is held under Queenstown CAS 47/10/2021.
From the gazette
Case No. 17824/2021
IN THE HIGH COURT OF SOUTH AFRICA
WESTERN CAPE HIGH COURT, CAPE TOWN
CAPE TOWN, 2021-12-03, HONOURABLE MS ACTING JUSTICE WATHEN-FALKEN
IN THE MATTER BETWEEN: THE GOVERNMENT EMPLOYEES PENSION FUND, Plaintiff, and PIETER
JOHANNES DAVIDTZ (IDENTITY NUMBER: 700509 5196 08 7), CORNELIZE CECILIA DAVIDTZ (IDENTITY
NUMBER: 630626 0030 08 0), Defendants
Having read the papers filed of record and having heard counsel on behalf of the applicant, it is hereby ordered that:
1. The individual estates of the respondents are placed under provisional sequestration in the hands of the Master of
the above Court;
2. A rule nisi is issued calling upon all interested parties to give reasons, if any, on MONDAY, 28 FEBRUARY 2022 as
to why :
2.1 A final order of sequestration should not be granted; and
2.2 The costs of this application should not be costs in the sequestration
3. Service of this order be effected:
3.1 By the Sheriff, or his deputy, on the respondents;
3.2 On the respondents by way of email to pieter.j.davidtz@gmail.com;
3.3 On the South African Revenue Service;
3.4 On the Master of the High Court; and
3.5 By publication in one edition each of the Cape Times and Die Burger;
4. The sheriff is authorised and directed to attach all movable property of the insolvent estate and to, immediately after
effecting the attachment, report to the Master in writing that the attachment has been effected and to include in such
report a copy of the inventory in terms of section 19(1) of the Insolvency Act;
5. The costs of this application shall be costs in the administration of the individual insolvent estates of the first and
second respondents.
BY ORDER: REGISTRAR
WERKSMANS INC/ANA LOURENCO, THE CENTRAL, 96 RIVONIA ROAD, SANDTON, ALOURENCO@WERKSMANS.COM,
0115358335.
Date Submitted: 2022-01-21.
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Case No. 47//2022
P/H No. 043 706 5100
IN THE HIGH COURT OF SOUTH AFRICA
EASTERN CAPE DIVISION, GRAHAMSTOWN
Grahamstown, 2022-01-18, BEFORE THE HONOURABLE ACTING JUSTICE MFENYANE
In the ex parte application of: The National Director of Public Prosecutions, Toyota Hilux with registration no CVN 237
L the property which is an instrumentality of an offence and was seized by the South African Police Service (the SAPS)
on 6 0ctober 2021 and is held under Queenstown CAS 47/10/2021.
Toyota Hilux with registration no CVN 237 L the property which is an instrumentality of an offence and was seized by
the South African Police Service (the SAPS) on 6 0ctober 2021 and is held under Queenstown CAS 47/10/2021.
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
(Eastern Cape Division, Grahamstown on 18 January 2022 in case number 47/2022 in relation to: In re:Toyota Hilux
with registration no CVN 237 L the property which is an instrumentality of an offence and was seized by the South
African Police Service (the SAPS) on 6 0ctober 2021 and is held under Queenstown CAS 47/10/2021.
This notice is addressed to Thami Nomalatshe and all 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 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.
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.
This gazette is also available free online at www.gpwonline.co.za
26 No. 45856 GOVERNMENT GAZETTE, 4 February 2022