WADE BRUINERS
Court order seizes property linked to crime · Published 2023-04-14 · What is a POCA?
- Party
- WADE BRUINERS
- ID / Reg no
- 2010/020610/07
Case
- Case number
- 921/2023
- Court
- NORTH WEST DIVISION, MAHIKENG
Parties addressed
- WADE BRUINERS
Identifiers
- Company regs
- 2010/020610/07
From the gazette
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, Gqeberha)
Gqeberha, 2023-04-04, Before the Honorable Mister Justice Potgieter J
In the ex parte application of: The National Director of Public Prosecutions
In re: R15 188.50 in cash seized on 7 December 2022 under Bethelsdorp CAS 83/12/2022 (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 (Eastern Cape Division, Gqeberha) under Case number 921/2023 in re: R15 188.50 in cash seized on 7
December 2022 under Bethelsdorp CAS 83/12/2022 (the property) (the property) (a copy of which can be obtained
from the person mentioned in par 9 hereunder).
This notice is addressed to WADE BRUINERS and all other 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 14 April 2023 No. 48426 23
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.
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: STATE
ATTORNEY GQEBERHA, 29 Western Road, Central, Gqeberha, Tel: (041) 585-7921.
WaErasmus@justice.gov.za.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA, 0127. Tel: (041) 585-7921. E-mail: waerasmus@justice.gov.za.
Date submitted: 2023-04-05.
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Case No: M100/2023
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
MMABATHO, 2023-03-30, Before the Honourable Judge President Hendricks
In the matter between: ODCS (Pty) Ltd Applicant
Registration number 2010/020610/07, Applicant, and Roland Heathcote Kemp, First Respondent and
Joan Kemp, Second Respondent, Married in community of property with each other
In re: for the compulsory sequestration of the joint estate of the First and Second Respondent.
HAVING HEARD ADV C J ZWIEGELAAR on behalf of the Applicant and having read the Notice of Motion and
other documents filed of record herein;
IT IS ORDERED:
1. That: The First and Second Respondent be and are hereby provisionally sequestrated and their joint estate is
placed in the hands of the Master of the High Court.
2. That: A Rule Nisi be and is hereby issued, calling upon all interested parties to appear before the above
Honourable Court on Thursday, 11th day of May 2023 at 10h00, to show cause, if any, why the following relief
should not be granted:
i) The First and Second Respondent be finally sequestrated;
ii) the costs of this application be costs in the sequestrated joint estate of the First and Second Respondent, apart
from any costs of opposition which will be sought against the opposing person or party; and
3. That: The provisional order be served on all the relevant parties in accordance with section 11 of the Insolvency
Act, Number 24 of 1936.
BY THE COURT. - REGISTRAR.
Grobler Malope Incorporated, 155 Bethlehem Drive, Rustenburg. Tel: (014) 592-9217. E-mail: linda@dlinc.co.za.
Date submitted: 2023-04-05.
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Case No: 3509/2023
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
George, 2023-03-09, Before the Honourable Ms Justice Nziweni
In the matter between: The National Director of Public Prosecutions, Applicant
This gazette is also available free online at www.gpwonline.co.za
24 No. 48426 GOVERNMENT GAZETTE, 14 April 2023