Notice
Court order seizes property linked to crime · Published 2022-04-01 · What is a POCA?
- Date
- 2021-11-18
Case
- Case number
- M721/2021
- Court
- NORTH WEST
Asset description
White 2.6 Deck Bakkie Hyundai with registration number CC 87 CD GP, Vin number KMFZBX7BLDU876951 held under SAP13/757/2018, White 2.6 Deck Hyundai with registration number HL 38 VC GP and Vin No. KMFZB7LDU938152 held under SAP13/757/2018, White VW Caddy Kombi Volkswagen with registration number FW 24 DP GP and Vin number WV2ZZZ2KZHX127641 and cash in the amount of R 25 000.00 held in the suspense account with tracking number 131432150. (a copy of the application and order can be obtained from th
Identifiers
- Cash amount
- R25 000.00
From the gazette
6. A copy of the order be served on the South African Revenue Service and the Master of the High Court.
7. That the costs of this application on an Attorney and Client scale, including tracing fees and collection commission
to be cost in the liquidation;
VFV Attorneys, Block A, Corporate Place, 39 Selati Street, Ashlea Gardens, Pretoria, bertuslit@vfv.co.za, 012 460-
8704.
Date Submitted: 2022-03-16.
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Case No. M721/21
IN THE HIGH COURT OF SOUTH AFRICA
NORTH WEST DIVISION , MAHIKENG
MAHIKENG, 2021-11-18, BEFORE THE HONOURABLE MADAM JUSTICE DJADJE
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
White 2.6 Deck Bakkie Hyundai with registration number CC 87 CD GP, Vin number KMFZBX7BLDU876951,
held at Hartbeespoortdam SAP13/757/2018.
White 2.6 Deck Hyundai with registration number HL 38 VC GP, Vin number KMFZB7LDU938152 held under
SAP13/757/2018.
White VW Caddy Kombi Volkswagen with registration number WV2ZZZ2KZHX127641 held under SAP13/757/2018.
Cash in the amount of R 25 000.00 held in the suspense account with tracking number 131432150.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (NORTH WEST
DIVISION, MAHIKENG) on 18 NOVEMBER 2021 in case number M721/2021 in relation to: White 2.6 Deck Bakkie
Hyundai with registration number CC 87 CD GP, Vin number KMFZBX7BLDU876951 held under SAP13/757/2018,
White 2.6 Deck Hyundai with registration number HL 38 VC GP and Vin No. KMFZB7LDU938152 held under
SAP13/757/2018, White VW Caddy Kombi Volkswagen with registration number FW 24 DP GP and Vin number
WV2ZZZ2KZHX127641 and cash in the amount of R 25 000.00 held in the suspense account with tracking number
131432150.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to 1.ML Masuluki: 17664 Ext 14, Midrand, Halfway House, 1682. 2 Alick Manuwere: 54201,
Ext 0, Cosmo City, 2194. 3 Chen Y: 3 Soho Estate, 5 Harper Road, Bedfordview and all persons who may have an
interest in the property described above.
TAKE NOTICE WHICH 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.
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 address:THE STATE ATTORNEY: Justice
Chambers, First Floor, East Gallery, MegaCity, Mmabatho, contact details are as follows:Tel: (018) 381 0669 and Fax:
(018) 281 1575.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 1 April 2022 No. 46161 23
National Prosecuting Authority, DPP-NORTH WEST, MEGA CITY COMPLEX, EAST GALLERY, 3139 SELAME
ROAD, MMABATHO, TManyako@npa.gov.za, 0183819096.
Date Submitted: 2022-03-18.
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Case No. M738/21
IN THE HIGH COURT OF SOUTH AFRICA
NORTH WEST DIVISION, MAHIKENG
MAHIKENG, 2021-12-02, BEFORE THE HONOURABLE MADAM JUSTICE SNYMAN
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Plaintiff
Cash Amount of R 52 100 held under SAP13/112/2020 at the SAPS Schweizer-Reneke
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa (North West
Division, Mahikeng) on 02 December 2021 in case number M738/21. In re: Cash Amount of R 52 100 held under
SAP13/112/2020 at the SAPS Schweizer-Reneke (a copy of the application and order can be obtained from the person
mentioned in par 9 hereunder). This notice is addressed to Victor Chidi Abuchi who resides at house number 31A
Hoffman Street, Schweizer-Reneke and any 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 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.
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,