Notice

Court order seizes property linked to crime · Published 2022-07-08 · What is a POCA?

ID / Reg no
2016/338947/07

Case

Case number
9815/2022
Court
Western Cape

Asset description

a maroon Volkswagen tsi with registration CA904873 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

Identifiers

Company regs
2016/338947/07

From the gazette

 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 Monday, 14 June 2022 in case number 9815/2022 in relation to: a maroon Volkswagen tsi
 with registration CA904873 (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.

                                This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 8 Julie 2022                                        No. 46678   41

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.

                                                                                                    Case No. 5863/2022
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                               WESTERN CAPE DIVISION
                          CAPE TOWN, 2022-06-24, HONOURABLE MRS JUSTICE HENNEY
             IN THE EX PARTE APPLICATION OF: OOS VRYSTAAT KAAP BEDRYF LIMITED, Plaintiff
 In re: for an order in terms of Section 33 of the Deeds Registries Act, Act 47 of 1937, for the registration of Erf 656,
                                                 Suurbraak, in its name.

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 5 Augustus 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 656 SUURBRAAK (`the immovable
property”) in name of Applicant, 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
Deeds, in terms whereof the immovable properties, are currently registered.
1.3 that service of this Order shall be effected in the following ways:
1.3.1 by publication in the “GOVERNMENT GAZETTE”;
1.3.2 by publication in “DIE BURGER”;
1.3.3 by publication in the “CAPE TIMES”;
1.3.4 by publication in the “LANGEBERG BULLETIN”;
1.3.5 by sending a copy of this Order to the SWELLENDAM MUNICIPALITY, by registered post;
1.3.6 by sending a copy of this Order to the COMMISSION ON THE RESTITUTION OF LAND RIGHTS.
2. This Order is subject to the Registrar of Deeds Report being filed prior to the return date which is referred to in
paragraph 1 herein above.

                                                                                  Case No. 16360/2022
                                 IN THE HIGH COURT OF SOUTH AFRICA
                                     GAUTENG DIVISION, PRETORIA
                                  PRETORIA, 2022-05-11, JUDGE TLHAPI
       In the matter between: KAHLE ENERGY (PTY) LTD, Plaintiff and FINEBASE TRADING (PTY) LTD
                                       (REG NO: 2016/338947/07)

This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of
the Court and is submitted electronically to the Parties/ their legal representatives by e-mail. This Order is further
uploaded to the electronic file of this matter on Case Lines by the Judge's Secretary. The date of this Order is deemed
to be 11 MAY 2022.

Having considered the documents filed in this matter and having heard argument:
IT IS ORDERED THAT

                                This gazette is also available free online at www.gpwonline.co.za
42  No. 46678                            GOVERNMENT GAZETTE, 8 July 2022

Source