Eugene Mare in his personal capacity and as Representative of a juristic person
Court order seizes property linked to crime · Published 2023-06-02 · What is a POCA?
- Party
- Eugene Mare in his personal capacity and as Representative of a juristic person
Case
- Case number
- 54253/2021
- Court
- Gauteng
Parties addressed
- Eugene Mare in his personal capacity and as Representative of a juristic person
Asset description
Tata Truck with Registration number BM73VHGP, Chassis/Vin number MAT450022B7R04150, Engine number B5918001M62969067, seized by the South African Police Service under Hercules CAS 200/12/2022, held at Pretoria West Pound registered at SAPS 13/64/2023. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
ADEL ENGELBRECHT, 11 MACARTHUR AVENUE, UNIT 4, VERONA OFFICE PARK. Tel: (011) 782-0868.
E-mail: adel@dbm-law.co.za.
Date submitted: 2023-05-22.
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Case No: 2023-040690
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-05-25, BEFORE THE HONOURABLE JUSTICE LEDWABA DJP, IN CHAMBERS
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Tata Truck with Registration number BM73VHGP, Chassis/Vin number MAT450022B7R04150, Engine
number B591800M62969067, seized by the South African Police Service under Hercules CAS 200/12/2022, held
at Pretoria West Pound registered at SAPS 13/64/2023.
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 (Gauteng
Division, Pretoria) on 02 November 2021, in Case number 54253/2021, in relation to: Tata Truck with Registration
number BM73VHGP, Chassis/Vin number MAT450022B7R04150, Engine number B5918001M62969067, seized
by the South African Police Service under Hercules CAS 200/12/2022, held at Pretoria West Pound registered at
SAPS 13/64/2023. (a copy of the application and order can be obtained from the person mentioned in par 9
hereunder).
This notice is addressed to Eugene Mare in his personal capacity and as Representative of a juristic person
ET METALS CASH FOR SCRAP AND REN, whose last known address is 1022 Commercial Street, Claremont,
Hercules, and 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 an 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 Act. 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 Act;
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 addresses: THE STATE
ATTORNEY: Mr V Mulaudzi, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows:
Private Bag X91, Pretoria, 0001. Tel: (012) 309-1500 / (012) 309-1677 and Fax: (012) 309-01649/50. E-mail:
VuMulaudzi@justice.gov.za and
Clay Sibiya at the VGM Building, 123 Westlake Ave, Weavind Park, Silverton. His contact details are as follows:
Tel: (012) 845-6368. E-mail: ClSibiya@npa.gov.za.
National Prosecuting Authority (Order no: 026400), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: (012) 485-6368. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-05-25.
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This gazette is also available free online at www.gpwonline.co.za
24 No. 48694 GOVERNMENT GAZETTE, 2 June 2023