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.
                                                     ----------oo0oo----------
                                                                                                      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

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