Andrea Jaylene Munien and Adriaan Pillay and all other persons who may

Court order seizes property linked to crime · Published 2023-08-18 · What is a POCA?

Party
Andrea Jaylene Munien and Adriaan Pillay and all other persons who may

Case

Case number
2023-025366
Court
Gauteng Division, Johannesburg

Parties addressed

  • Andrea Jaylene Munien and Adriaan Pillay and all other persons who may

Asset description

Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T 51568/2018 registered in the name of Andrea Jaylene Munien

Identifiers

Erf numbers
Erf 615 Portion

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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
 (Gauteng Division, Johannesburg) on the 27 MARCH 2023 case number 2023-025366 in relation to:

         Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T 51568/2018 registered in the name of
 Andrea Jaylene Munien

          (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder)

               This notice is addressed to Andrea Jaylene Munien and Adriaan Pillay and all other persons who may
 have an interest in the property identified as: Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T
 51568/2018 registered in the name of Andrea Jaylene Munien (the property):
         Take notice that:

                              This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 18 Augustus 2023                                         No. 49127   55

           1 The National Director of Public Prosecutions (National Director) has obtained 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's office in 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
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.
           5 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 4 above.
           6 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.
           7 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.
           8 You may, on good cause shown (including the non-availability of any other suitable remedy to protect your
legitimate rights or interests), upon delivery of not less than 24 hours-notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, and within 8 days of becoming aware of
the order, apply for reconsideration of the order.
           9 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.
           10 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 Elia Machete
         10th Floor
         North State Building
         99 Albertina Sisulu Street
         Johannesburg
         Ref: Mr E Machete/P14/Adamjee
         Tel: (011) 220 4121
         Fax: 0866978037
         Email: EMachete@npa.gov.za
         Any correspondence or other enquiries must also be directed to the above address or contact numbers.
                                                   ----------oo0oo----------
                                                                                           Case No: 2023-025367
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
            JOHANNESBURG, 2023-03-27BEFORE THE HONOURABLE JUSTICE MANOIM, in chambers
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Erf 328 Portion 2 Sandown Extension 24 registered under title deed number T42208/2022 registered in the name
of Michelle Pillay.
                      AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF
                                       ORGANISED CRIME ACT, 121 OF 1998
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)

Source