Western Breeze 434 (Pty) Ltd
Court order seizes property linked to crime · Published 2022-02-04 · What is a POCA?
- Party
- Western Breeze 434 (Pty) Ltd
- Date
- 2021-11-19
Case
- Court
- Kwazulu-Natal Division, Durban
Parties addressed
- Western Breeze 434 (Pty) Ltd
Asset description
two (2) immovable properties described in Annexure “A” (a copy of which can be obtained from the person motioned in par 9 hereunder).
From the gazette
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, No.391 Anton Lembede Street, Durban, Tel: 031 - 365 2500, Fax: 031 - 306 2448 c/o State Attorney
KZN, Magistrate's Court Building, cnr Otto and Church Street, Pietermaritzburg.
National Prosecuting Authority (Order no: 024609), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
JGwe@npa.gov.za, 0313345242.
Date Submitted: 2022-01-20.
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Case No. D10619/2021
IN THE HIGH COURT OF SOUTH AFRICA
KwaZulu - Natal Local Division,DURBAN
DURBAN, 2021-11-19, BEFORE THE HONOURABLE JUSTICE MOODLEY
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
Portion 157 (of 148) of ERF 325 Port Zimbali and Section 7 as shown and more fully described on Sectional
Plan No SS 475/2008 in the Scheme known as EBUHLENI
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 Division, Durban) on 19 November 2021 in case number D10619 / 2021 in relation to two (2) immovable
properties described in Annexure “A” (a copy of which can be obtained from the person motioned in par 9 hereunder).
This notice is addressed to Western Breeze 434 (Pty) Ltd 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 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.
This gazette is also available free online at www.gpwonline.co.za
36 No. 45856 GOVERNMENT GAZETTE, 4 February 2022