Yukai Cai and all other persons who have an interest in certain property listed in the

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

Party
Yukai Cai and all other persons who have an interest in certain property listed in the
Date
2023-04-14

Case

Case number
2023/057993
Court
Gauteng

Parties addressed

  • Yukai Cai and all other persons who have an interest in certain property listed in the

Asset description

The amount of R56 800 in cash seized by members of the South African Police Service on 14 April 2023 under case number Honeydew CAS 309/04/2023 deposited into the SAPS Head Office Account, under reference number SAP 13/436/2023, taking number 155694308, purpose receipt number 28494868 dated 24 April 2023 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).

Identifiers

Cash amount
R56 800

From the gazette

 Tel: (011) 220 4121. Fax: 0866978037. E-mail: EMachete@npa.gov.za.
 Any correspondence or other enquiries must also be directed to the above address or contact numbers.
 National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets, Johannesburg. Tel:
 011 220 4087. E-mail: MeMahloko@npa.gov.za.
                                                       ----------oo0oo----------
                                                                                           Case No: 2023/057993
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
                  JOHANNESBURG, 2023-07-20, BEFORE THE HONOURABLE JUSTICE FISHER J
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: The amount of R56 800 in cash seized by members of the South African Police Service on 14 April 2023 under
 case number Honeydew CAS 309/04/2023 deposited into the SAPS Head Office Account, under reference number
 SAP 13/436/2023, taking number 155694308, purpose receipt number 28494868 dated 24 April 2023.
                      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)

                                 This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 18 Augustus 2023                                          No. 49127   57

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 20 JULY 2023 case number 2023/057993 in relation to: The amount of R56 800 in cash
seized by members of the South African Police Service on 14 April 2023 under case number Honeydew CAS
309/04/2023 deposited into the SAPS Head Office Account, under reference number SAP 13/436/2023, taking number
155694308, purpose receipt number 28494868 dated 24 April 2023 (a copy of the application and order can be obtained
from the person mentioned in par 10 hereunder).
This notice is addressed to Yukai Cai and all other persons who have an interest in certain property listed in the
schedule of assets, identified as the amount of R56 800 in cash seized by members of the South African Police Service
on 14 April 2023 under Case number Honeydew CAS 309/04/2023 deposited into the SAPS Head Office Account,
under Reference number SAP 13/436/2023, Taking number 155694308, Purpose receipt number 28494868 dated 24
April 2023 (the property).
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property.
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 an order declaring the property forfeit to the state. The 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. In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice set down
the matter for reconsideration.
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, Attorneys for

Applicant, 10th Floor, North State Building, 99 Albertina Sisulu Street, Cnr Kruis Street, Johannesburg; Private Bag X
9, Johannesburg, 2000. Tel: (011) 220 4121. Ref: Mr E Machethe/P14 CAI Y.
Any correspondence or other enquiries must also be directed to this address or contact number..
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets, Johannesburg. Tel:
011 220 4087. E-mail: MeMahloko@npa.gov.za.
Date submitted: 2023-08-08.
                                                     ----------oo0oo----------
                                                                                               Case No: 2019/21916
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                    (GAUTENG DIVISION, JOHANNESBURG)
                        JOHANNESBURG, 2023-07-17, HONOURABLE JUSTICE TWALA
In the matter between: MEYERSDAL NATURE ESTATE HOMEOWNERS ASSOCIATION and
FHUMULANI MAKHOMISANI N.O (First Respondent) (in her capacity as trustee for the MAKHOMS FAMILY
TRUST, IT 126/2010); KHATHUTSHELO MAKHOMISANI N.O (Second Respondent) (in his capacity as trustee
for the MAKHOMS FAMILY TRUST, IT 126/2010)
This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of
the Court and is submitted electronically to the Parties/ their legal representatives by e-mail. This Order is further

                                 This gazette is also available free online at www.gpwonline.co.za
58  No. 49127                          GOVERNMENT GAZETTE, 18 August 2023

Source