Notice
Court order seizes property linked to crime · Published 2022-04-01 · What is a POCA?
- ID / Reg no
- 2016/170741/07
- Date
- 2021-09-30
Case
- Case number
- M 617/2021
- Court
- NORTH WEST
Asset description
1. Silver Lexus RX 350 XE with registration number JYY 432 NW and chassis number JTJBK11A202008229 held under SAP13/368/2018. 2. Green trailer with registration number JVZ 132 NW and chassis number AA9B232MBHKYB1077 held under SAP13/369/2018. 3. White Toyota Hilux 3.0 D-4D 4X4 XTRA CAB with registration number CX 97 GV GP and chassis number AHTHZ29G602201476 held under SAP13/370/2018. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Company regs
- 2016/170741/07
From the gazette
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 30 SEPTEMBER 2021 in case number M 617/2021 in relation to: 1. Silver Lexus RX 350
XE with registration number JYY 432 NW and chassis number JTJBK11A202008229 held under SAP13/368/2018. 2.
Green trailer with registration number JVZ 132 NW and chassis number AA9B232MBHKYB1077 held under
SAP13/369/2018. 3. White Toyota Hilux 3.0 D-4D 4X4 XTRA CAB with registration number CX 97 GV GP and chassis
number AHTHZ29G602201476 held under SAP13/370/2018. (a copy of the application and order can be obtained from
the person mentioned in par 9 hereunder).
This notice is addressed to 1.Johagen Louis Fouche residing at 21 Jacobus van Rensburg Street, Roosheuwel,
Klerksdorp, 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.
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. D5097/2021
Docex 71, Durban
IN THE HIGH COURT OF SOUTH AFRICA
KwaZulu Natal Local Division – Durban
Durban, 2021-09-15, The Honourable Justice Chili
In the matter between: DE ABREU, ALBERTO CARLOS JARDIM, Plaintiff, and
KODEANS AGENCY (PTY) LTD, Registration No. 2016/170741/07
1. That the Respondent be and is hereby placed under Provisional Liquidation in the hands of the Master of the above
Honourable Court, Durban;
2. That a Rule Nisi be issued calling upon the Respondent and all other interested parties to show cause, if any, to this
Honourable Court, on the 30th day of November 2021 at 09H30 or so soon thereafter as Counsel may be heard why:
2.1. The Respondent shall not be placed under final liquidation;
2.2. The costs of this application shall not be costs in the administration of the liquidation of the Respondent.
3. That this Order and copies thereof shall be published once in the Government Gazette and once in a daily newspaper
published in Durban and circulating within Kwazulu-Natal and shall be served forthwith upon:
3.1. The Respondent at its registered business address, being Shop 23, Balvista Centre, 22 Sandra Road, Ballito,
Kwazulu-Natal;
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 1 April 2022 No. 46161 25
3.2. The Members and Employees of the Respondent at Shop 23, Balvista Centre, 22 Sandra Road, Ballito, Kwazulu-
Natal;
3.3. The Master of the High Court at 2nd Floor, Devonshire Place, off Anton Lembede Street, Durban, Kwazulu-Natal;
3.4 The South African Revenue Services at Albany House, 61 Victoria Embakment, Durban, Kwazulu-Natal; and
3.5. The Congress of South African Trade Union (COSATU), 7th Floor, Mercury House, 320 Anton Lembede Street
(formerly Smith Street), Durban, Kwazulu-Natal.
4. Further and/or alternative relief;
5. Ordering that the Costs of the Application be costs in the winding up of the Respondent.
Browne Brodie Attorneys | Janice Mossop, Ground Floor, 5 Sinembe Crescent, La Lucia Ridge Office Estate, La Lucia,
janicemossop@brownebrodie.co.za, 031 566 6688.
Date Submitted: 2022-03-14.
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Case No. 2486/2022
IN THE HIGH COURT OF SOUTH AFRICA
WESTERN CAPE DIVISION
CAPE TOWN, 2022-03-10, HONOURABLE MRS JUSTICE SALIE-HLOPE
In the ex parte application of: RIAAN HENRY SIEGLAAR AND
MILETTE SIEGLAAR (PREVIOUSLY LAKEY), Plaintiff
FOR AN ORDER IN TERMS WITH SECTION 33 OF THE DEED'S REGISTRIES ACT, ACT 47 OF 1937,
FOR THE REGISTRATION OF ERF 40, SUURBRAAK, IN THEIR NAMES
HAVING READ THE PAPERS FILED OF RECORD and having heard counsel for the Applicants an order is made in
the following terms:
1. That a Rule Nisi is issued calling upon all interested parties to show cause on Friday the 22nd of April 2022, if any,
to the above Honourable Court, as to why:
1.1 The Registrar of Deeds should not be authorised and/or directed to register ERF 40, SUURBRAAK ("the immovable
property") in the names of Applicants, in accordance with Section 33 of the Deeds Registries Act, Act 47 of 1937, in
the prescribed form;
1.2 The Registrar of Deeds should not be authorised and/or directed to waive the requirement to produce the Title
Deed, in terms whereof the immovable property, is currently registered.
2. Service of this Order shall be effected in the following ways:
2.1 By publication in the “GOVERNMENT GAZETTE”
2.2 by publication in “DIE BURGER”;
2.3 by publication in the “CAPE TIMES”;
2.4 by publication in the “LANGEBERG BULLETIN”;
2.5 by sending a copy of this Order to the SWELLENDAM MUNICIPALITY, by registered post.
Johann Viljoen & Associates Attorneys, 2nd Floor, The Chambers, Parc du Links Business Park, 7 Niblick Way,
Somerset Mall, 7137, elsabe@viljoenlaw.com, 021-8526322.
Date Submitted: 2022-03-21.
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Case No. 699/2022
P/H or Docex No. 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
Eastern Cape Local Division, Port Elizabeth
Gqeberha, 2022-03-15, Before the Honorable Madam Justice Zietsman AJ
In the ex parte application of: The National Director of Public Prosecutions
A Gemini Marine 8.5 Waverider with the name of Ocean X with 2 Yamaha Outboard Engines seized
on 14 May 2021 under Humewood CAS 198/05/2021 (the property)
ANNEXURE A
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