Tashinga Nyashe Masinire with Zimbabwean passport number GN387007 and all other

Court order seizes property linked to crime · Published 2022-06-03 · What is a POCA?

Party
Tashinga Nyashe Masinire with Zimbabwean passport number GN387007 and all other

Case

Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Tashinga Nyashe Masinire with Zimbabwean passport number GN387007 and all other

From the gazette

                                                                                                  Case No. 2021/50153
                                                                                                           Annexure A
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                     GAUTENG LOCAL DIVISION, JOHANNESBURG
                         JOHANNESBURG, 2021-10-28, HONOURABLE JUSTICE TP MUDUA
             In the ex parte application of NDPP v MASINIRE, National Director of Public Prosecutions,
                                                Tashinga Mvashe Masinire
     In re: 23 pieces of gold seized by the South African Revenue Service at OR Tambo International Airport
                           on 8 May 2021 under criminal case docket ORTIA CAS 30/5/2021
                    Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998
 This notice is addressed to: Tashinga Nyashe Masinire with Zimbabwean passport number GN387007 and all other
 persons who have an interest in 23 pieces of gold seized by the South African Revenue Service at OR Tambo
 International Airport on 8 May 2021 under criminal case docket ORTIA CAS 30/5/2021 (the property).
 Take notice that:

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 3 Junie 2022                                           No. 46480   25

1. The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained a
preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from the
State Attorney, Johannesburg;
2. 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;
3. 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 order declaring the property forfeit to the state. The order will remain in force until
the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
4. 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;
5. 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 4 above;
6. 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;
7. 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;
8. 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 a reconsideration of the order;
9. 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;
10. 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, Mr E Machethe, 10th Floor, North State Building, 99 Albertina Sisulu Street, Johannesburg, Private
Bag X9, Johannesburg, 2000, Tel: (011) 220 4121, Email: EMachethe@npa.gov.za
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority, Corner Pritchard and Kruis Street, Johannesburg, 0112204121.
Date Submitted: 2022-05-11.
                                                   ----------oo0oo----------
                                                                                                    Case No. 48268/2021
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                            (GAUTENG DIVISION, PRETORIA)
                                     PRETORIA, 2022-01-18, JUSTICE RAULINGA J
                In the matter between: THE BODY CORPORATE HOLLARD PLACE, Plaintiff, and
                                     MLUNGISI ANDERSON MSEZANE, Defendant
                                        IN THE HIGH COURT OF SOUTH AFRICA

                                            (GAUTENG DIVISION, PRETORIA)
                                                                                                    Case No: 48268/2021
             In the matter between: THE BODY CORPORATE HOLLARD PLACE (APPLICANT), and
                      MLUNGISI ANDERSON MSEZANE, ID: 820626 5670 088 (RESPONDENT)
1. That the Respondent MLUNGISI ANDERSON MSEZANE be sequestrated and his estate be placed in the hands of
the Master of the High Court;
2. That the costs of the application be costs of the sequestration on a scale of attorney and client in terms of Rule 31(5)
of Annexure 8 to the Sectional Title Act 95 of 1986;
3. Further and/or alternative relief as may be decided by the abovementioned Honourable Court.
PRETORIUS LE ROUX INC., ATTORNEYS FOR APPLICANT, Tel: (012) 342-1797, File no: LS0005, Ref: D Pereira;,
daniella@plrlaw.co.za
PRETORIUS LE ROUX, 339 HILDA STREET, HATFIELD, daniella@plrlaw.co.za, 0123421797.
Date Submitted: 2022-05-26.
                                                   ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
26  No. 46480                             GOVERNMENT GAZETTE, 3 June 2022

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