Notice

Court order seizes property linked to crime · Published 2022-07-01 · What is a POCA?

Date
2022-05-10

Case

Case number
3309/2022
Court
Western

Asset description

a Nissan Sentra motor vehicle with Reg CX 55864 that was seized by members of the South African Police Service on 19 July 2021. (A copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                      NATIONAL / NASIONAAL
                                                                              Case No: 3309/2022
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                 (EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
                          CAPE TOWN, 2022-05-10, Before the Honourable Mr Justice Wille
                  In the matter between: The National Director of Public Prosecutions, Applicant
 In re: application for a preservation of property order in terms of section 38 of the Prevention of Organised
 Crime Act 121 of 1998 in respect of a Nissan Sentra motor vehicle with Reg CX 55864 that was seized by
 members of the South African Police Service on 19 July 2021
                                                   “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 applied for and was granted a preservation of property order in terms of
 section 38 of the Prevention of Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (Western
 Cape Division, Cape Town) on 10 May 2022 in case number 3309/2022 in relation to: a Nissan Sentra motor vehicle
 with Reg CX 55864 that was seized by members of the South African Police Service on 19 July 2021. (A copy of the
 application and order can be obtained from the person mentioned in par 9 hereunder).

 This notice is addressed to all persons who may have an interest in the property described above.

 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 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 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: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
 His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax: (021) 421-
 9364 /. Email: ZKarjiker@justice.gov.za.

 National Prosecuting Authority, 22 Long Street Cape Town. Tel: 012 343 0849 / Fax: 086 617 1146. Email:
 zkarjiker@justice.gov.za. REF: 0214419200.
 _____________________________________________________________________________________________

                                This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 1 Julie 2022                              No. 47084   15

               ADMINISTRATION OF ESTATES ACTS NOTICES /
                       BOEDELKENNISGEWINGS
Form/Vorm J295

                            NOTICE OF CURATOR AND TUTOR
    In terms of section 75 of the Administration of Estates Act No. 66 of 1965 (as amended), notice is hereby
given of appointments of persons as Curators or Tutors by Masters of the High Court, or of termination of such
appointment (their having ceased in their respective capacity)
    The information is given in the following order: (1) Number of matter; (2) person under curatorship, or minor, and
address; (3) curator or tutor; name and address of curator or tutor; (4) whether appointment or termination (cease
in capacity), and date; (5) Master of the High Court.

                KENNISGEWINGS VAN KURATORS EN VOOGDE
    Ingevolge artikel 75 van die Boedelwet No. 66 van 1965 (soos gewysig), word hierby kennis gegee van
die aanstelling van persone as kurators of voogde deur Meesters van die Hoë Hof, of van die beëindiging van
aanstellings in sodanige hoedanighede.
    Die inligting word verstrek in die volgorde: (1) Nommer van saak; (2) persoon onder kuratele, of minderjarige,
en adres; (3) kurator of voog; naam en adres van kurator of voog; (4) of aanstelling of beëindiging daarvan, en
datum; (5) Meester van die Hooggeregshof.

                                    NATIONAL / NASIONAAL
           MC45/2022--(2) Person: NANU MADHAV NATHOO, 31 TANA ROAD, SUNNINGHILL, JOHANNESBURG;
  (3) Curator, TRISHA DUARTE DA COSTA, 31 TANA ROAD, SUNNINGHILL, JOHANNESBURG; (4) Appointment:
  2022-05-04; (5) JOHANNESBURG.

                               This gazette is also available free online at www.gpwonline.co.za
  16  No. 47084                         GOVERNMENT GAZETTE, 1 July 2022

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