Chinedu Daniel Okwonko

Court order seizes property linked to crime · Published 2023-08-11 · What is a POCA?

Party
Chinedu Daniel Okwonko
Date
2023-05-08

Case

Court
Gauteng Division, Pretoria

Parties addressed

  • Chinedu Daniel Okwonko
  • Ikechukwu Peter Adipue

Asset description

The cash amount of R19 900.00 seized by the Police on the 23 July 2020, held in the SAPS Absa suspense account under CAS number Boschkop 108/07/2020, taking number 111638950 and receipt number 22129344.

Identifiers

Cash amount
R19 900.00

From the gazette

                                                                                           Case No: 2023 - 037819
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, PRETORIA)
          PRETORIA, 2023-05-08, BEFORE THE HONOURABLE JUSTICE LEDWABA DJP IN CHAMBERS
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
       In re: Cash amount of R19 900.00 seized by the Police on the 23 July 2020, held in the SAPS Absa
      suspense account under CAS number Boschkop 108/07/2020, taking number 111638950 and receipt
                                                  number 22129344.
            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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
  (Gauteng Division, Pretoria) on 08 May 2023 in case number 2023 - 037819 in relation to:

         The cash amount of R19 900.00 seized by the Police on the 23 July 2020, held in the SAPS Absa
  suspense account under CAS number Boschkop 108/07/2020, taking number 111638950 and receipt number
  22129344.

           (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

            1. Chinedu Daniel Okwonko, whose last known address is Unit 40 Welgevonden, 50 Eros Road,
  Broadwalk Villas, Pretoria East,
            2. Ikechukwu Peter Adipue, whose last known address is Unit 40 Welgevonden, 50 Eros Road, Broadwalk
  Villas, Pretoria East

           and 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 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;

                                This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 11 Augustus 2023                                        No. 49096   67

          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 K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact
details are as follows: Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309
01649/50. Email: KKgaphola@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. Email: ClSibiya@npa.gov.za
                                                ----------oo0oo----------
                                                                                                 Case No: 2023/019142
                               IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA)
                     23 JUNE 2023, 2023-06-23, HONOURABLE JUSTICE MOGALE, AJ
    In the matter between: JOHN JAMES KELLY, Applicant, and JEAN-PIERRE KERSWILL (IDENTITY
                               NUMBER: 660915 5055 08 2), Respondent
                                        In re: SEQUESTRATION
         IT IS ORDERED:

         1. The First and Second Respondent's estate be and is hereby placed under provisional sequestration;

        2. A rule nisi is hereby issued calling upon all interested parties to show cause, if any, to this above-
mentioned honourable Court on 18 September 2023 at 10:00 why this order should not be made final;

         3. The order be published once in the Government Gazette and once in a local newspaper;

         4. This order be served on the Master of the High Court, Pretoria;

         5. This order be served on the South African Revenue Service and;

         6. The cost of this application to be cost in the administration of the estate.
                                                ----------oo0oo----------
                                                                           Case No: 2023/019142
                               IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA)
                     23 JUNE 2023, 2023-06-23, HONOURABLE JUSTICE MOGALE, AJ
    In the matter between: JOHN JAMES KELLY, Applicant, and JEAN-PIERRE KERSWILL (IDENTITY
                               NUMBER: 660915 5055 08 2), Respondent
                                        In re: SEQUESTRATION
         IT IS ORDERED:

         1. The First and Second Respondent's estate be and is hereby placed under provisional sequestration;

        2. A rule nisi is hereby issued calling upon all interested parties to show cause, if any, to this above-
mentioned honourable Court on 18 September 2023 at 10:00 why this order should not be made final;

                             This gazette is also available free online at www.gpwonline.co.za
68  No. 49096                        GOVERNMENT GAZETTE, 11 August 2023

Source