Massmart Retail (Pty) Ltd, Shawaz Trading (Pty) Ltd, Main Street (Pty) Ltd and all other
Court order seizes property linked to crime · Published 2022-02-18 · What is a POCA?
- Party
- Massmart Retail (Pty) Ltd, Shawaz Trading (Pty) Ltd, Main Street (Pty) Ltd and all other
- Date
- 2021-11-04
Case
- Case number
- 3519/2021
- Court
- Eastern Cape Division, Grahamstown
Parties addressed
- Massmart Retail (Pty) Ltd, Shawaz Trading (Pty) Ltd, Main Street (Pty) Ltd and all other
Asset description
R49 999.99 in account number 628 349 2607 6 held at First National Bank (FNB), R175 000 in account number 407 458 091 7 held at ABSA bank and R5 000held at FNB account number 628 371 614 47.
From the gazette
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 address:
The State Attorney, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706
5100.
Date Submitted: 2022-02-09.
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Case No. 3519/2021
P/H No. 043 706 5100
IN THE HIGH COURT OF SOUTH AFRICA
EASTERN CAPE DIVISION GRAHAMSTOWN
GRAHAMSTOWN, 2021-10-04, BEFORE THE HONOURABLE ACTING JUDGE GOVINDJEE
In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
R49 999.99 in account number 628 349 2607 6 held at First National Bank (FNB), R175 000 in account
number 407 458 091 7 held at ABSA bank and R5 000held at FNB account number 628 371 614 47
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 4 November 2021 in case number 3519/2021 in relation to: R49 999.99 in
account number 628 349 2607 6 held at First National Bank (FNB), R175 000 in account number 407 458 091 7 held
at ABSA bank and R5 000held at FNB account number 628 371 614 47.
This notice is addressed to Massmart Retail (Pty) Ltd, Shawaz Trading (Pty) Ltd, Main Street (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 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.
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
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 address:
The State Attorney, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706
5100.
Date Submitted: 2022-02-09.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Februarie 2022 No. 45924 27
Case No. 820/2021
IN THE HIGH COURT OF SOUTH AFRICA
THOHOYANDOU, 2022-01-20, BEFORE THE HONOURABLE: JUSTICE KGOMO N.F
In die ex parte-aansoek van: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Plaintiffa silver Volkswagen
VW 2.4X Polo motor vehicle with registration number DS 07 TF GP, Chassis number AAVVZZZ9NZ5U012093
and Engine number BLM006446 and cash amounts of R8150.00 and R214.10 seized by the South African Police
Services in the Musina policing area on 22 July 2020 under case docket Musina CAS172/07/2020. The motor
vehicle held at SARS Musina State Warehouse and the cash money held at Musina SAPS.
Before the Honourable Justice KGOMO N.F. on 20 January 2022
Having read the documents filed of record and having considered the matter,
IT IS HEREBY ORDERED:
An order is granted in terms of the of section 50 of the prevention of Organised Crime Act 121 of 1998 (POCA) declaring
forfeit to a silver Volkswagen VW 2.4 X Polo motor vehicle with registration number DS 07TF GP, Chassis number
AAVVZZZ9NZ5U012093 and Engine number BLM006446 and cash amount if R8 150.00 and R214.10 seized by the
South African Police Service in the Musina policing area on 22 July 2020 under case docket Musina CAS 172/07/2020.
The motor vehicle at Sars Musina State Warehouse and the cash money held at Musina SAPS.
The state a respectively(the property), which property is presently subject to a preservation of property order granted
by this court under the above case number on 22 July 2021.
1. In terms of section 56(2) of the POCA, the property shall vest in the state upon granting of this order.
2. Subject to paragraph 4 below, the property shall remain in the custody of the SAPS at Sars Musina State Warehouse
and the cash money
held at Musina Saps respectively under the control and supervision of Simon Hlamarisa Rikhotso, the financial
investigator in the employ of the
Applicant.
3. Upon the expiration of a 45 days period after a notice of this order is published in the Government Gazette, Simon
Hlamarisa Rikhotso, or
any other duly authorised employee of the Applicant, is authorised to:
3.1. assume control of the property on behalf of the applicant;
3.2. sell the movable property at best, either by public auction or private treaty;
3.3. sign all documentation necessary to effect the sale, transfer and registration of the movable property; and
3.4. deposit the cash into the Criminal Asset Recovery Account established under section 63 of POCA, account number
80303056 held at the
South African Reserve Bank, Vermeulen Street, Pretoria (CARA).
4. Simon Hlamarisa Rikhotso shall as soon as possible but not later than or within a period of 90 days of this order
coming into
effect, file a report with the Applicant indicating the manner in which he complied with the terms of this order.
5. Any person whose interest in the property concerned is affected by the forfeiture order, may within 20 days after he
or she has acquired
knowledge of such order, set the matter down for variation or rescission by the court.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
KMapila@npa.gov.za, 0150450289.
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Case No. 43996/2021
HIGH COURT
NORTH GAUTENG HIGH COURT, PRETORIA
PRETORIA, 2022-01-26, MAUMELA
In the matter between: Nadia Fourie (First Applicant), Leon Bosman (Second Applicant), and Housezero
Construction Pty (Ltd) (First Respondent), Housezero Commercial Pty (Ltd) (Second Respondent), Neriel
Hurwitz (Third Respondent), Yehoram Gur-Arie (Fourth Respondent), Suntank Pty (Ltd) (Fifth Respondent),
Compliance Management Services Pty (Ltd) (Sixth Respondent)
INTERIM ORDER
Having read the papers filed at court and having heard counsel for the parties, the court finds that the Applicants
have made their case for the granting of the interim order and the following order is made:
ORDER
1. This application is heard as one of urgency in accordance with Rule 6 (12), the requirements of the Rule of the
High Court in respect of notice, forms, service and time periods are dispensed with and the Applicant's departure
therefore is condoned.
2. The Court has read the founding affidavit and annexures thereto deposed to by Michelle Bosman under the above
mentioned case number on 26 August 2021 into the founding affidavit of the 6th of December 2021 as if specifically
incorporated herein.
This gazette is also available free online at www.gpwonline.co.za
28 No. 45924 GOVERNMENT GAZETTE, 18 February 2022