Notice

Court order seizes property linked to crime · Published 2022-07-22 · What is a POCA?

ID / Reg no
2011/118255/07
Date
2022-06-21

Case

Case number
8950/2022
Court
Western Cape Division,

Asset description

R224 280 cash that was seized by members of the South African Police Service on 20 January 2021 when the respondent was arrested (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Company regs
2011/118255/07

From the gazette

                                         IN THE HIGH COURT OF SOUTH AFRICA
                                                 (WESTERN CAPE DIVISION)
                          CAPE TOWN, 2022-06-21, Before the Honourable Mr Justice le Grange
                 In the matter between: The National Director of Public Prosecutions, Applicant, and
                                               Innocent Ekwu, RESPONDENT
 In re: In re: An application for a preservation of property order in terms of section 38 of the Prevention of Crime Act
 121 of 1998, in respect of R224 280 cash that was seized by members of the South African Metro Police Services on
 20 January 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, 1998 in the High Court of South Africa (Western Cape Division,
 Cape Town) on 21 June 2022 in case number 8950/2022 in relation to:R224 280 cash that was seized by members
 of the South African Police Service on 20 January 2021 when the respondent was arrested (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.
 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 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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 22 Julie 2022                                        No. 47058   27

The State Attorney: Mr Z Karjiker, 5th Floor, 22 Long Street, CAPE TOWN. His contact details are as follows: Tel: (021)
441-9301. E-mail: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town. Tel: (021) 441-9200. E-mail: zkarjiker@justice.gov.za.
Date submitted: 2022-06-30.
                                                  ----------oo0oo----------

                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                  PRETORIA, 2022-06-27, BEFORE THE HONOURABLE JUSTICE VAN DER SCHYFF
                      In the matter between: EAZI ACCESS RENTAL (PTY) LTD Applicant, and
                     SOKI CONSTRUCTION (PTY) LTD Respondent (REG.NO. 2011/118255/07)
After considering the submission of Counsel on behalf of the Applicant and after perusing the papers herein
IT IS ORDERED:
1. That the respondent be placed under provisional liquidation returnable on 24 AUGUST 2022.
2. That this respondent and all other interested parties, are called upon to show cause on or before the return date
hereof, why this order should not be made final.
3. That this interim order be served upon the Respondent at its registered address by way of sheriff.
4. That this order be served upon the Master of the High Court and the South African Revenue Services by way of
filing notice, by hand.
5. That this interim order be served upon the employees of the Respondent, if any, by affixing a copy of this order
against the principal door or gate of the premises of the Respondent, at the Respondent's registered address, by way
of sheriff.
6. That this order be published once in the Beeld newspaper and once in the Government Gazette before the return
date.
7. That the costs of this application be costs in the liquidation.
BY ORDER.-REGISTRAR.
NIXON & COLLINS ATTORNEYS, 421 ALBERT STREET, WATERKLOOF, PRETORIA. Tel: (012) -880-2313. E-
mail: law@nixcol.co.za.
Date submitted: 2022-07-04.
                                                   ----------oo0oo----------

                                                                                                     Case No: 2021/34209
                                                                                                           ANNEXURE A

                                         IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG LOCAL DIVISION, JOHANNESBURG)
                  JOHANNESBURG, 2021-07-29, BEFORE THE HONOURABLE JUSTICE DIPPENAAR
          In the ex parte application of NDPP v MANGENA: National Director of Public Prosecutions and
                                                6.1.1 Thulani Michael Mangena
In re: A Nissan A520 PKF210N(T) heavy load water tanker truck, 2006 model, with registration number YJY757GP,
chassis number ADDT5500000004789 and engine number FE6221340C seized by the South African Police Service
under Randfontein CAS 604/11/2018 and stored at Lenasia Vehicle Safeguarding Section under SAPS exhibit
number SAP13/4824/2018.
                 Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998
This notice is addressed to Thulani Michel Mangena and Thunderflex 74 (Pty) Ltd, t/a 4 Ton Truck Centre and any
person who may have an interest in a Nissan A520 PKF210N(T) heavy load water tanker truck, 2006 model, with
registration number YJY757GP, chassis number ADDT5500000004789 and engine number FE6221340C seized by
the South African Police Service under Randfontein CAS 604/11/2018 and stored at Lenasia Vehicle Safeguarding
Section under SAPS exhibit number SAP13/4824/2018 (the property).
Take notice that:
1          The National Director of Public Prosecutions (National Director) is granted a preservation of property order
(the preservation order) in respect of the property, in terms of section 38 (2) of the POCA, 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 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.
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

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