Anobelu Oluebelu

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

Party
Anobelu Oluebelu

Case

Case number
2023/020940
Court
Gauteng

Parties addressed

  • Anobelu Oluebelu

Asset description

A Mercedes Benz A200 with Registration number CAA342909, VIN number WDD1690322J998482, engine number 26694030969907 registered in the name of Anobulo Oluebelu (the vehicle) seized by the SAPS on 07 February 2022, held at Olifantsfontein CAS 68/02/2022 Aeroton under SAP 13/418/2022. (a copy of the application and order can be obtained from the person mentioned in par 11 hereunder).

From the gazette

 uploaded to the electronic file of this matter on Case Lines by the Judge's Secretary. The date of this Order is deemed
 to be 17 July 2023.
 Having read the papers filed of record, having heard councel and having considered the matter:
                                                   IT IS ORDERED THAT:
 1. That the Rule nisi granted on 19 November 2019, which has lapsed on 20 May 2020 is hereby revived.
 2. That the time period within which the Respondent and any other party wishes to avoid such an order being made
       final, are called in advance the reasons, if any, on 5 September 2023 at 10:00, why this Court should not grant a
       final order of sequestration of the Makhoms Family Trust, IT. 126/2010.
 3. That a copy of this Order shall be served on -
 3.1 The Respondent;
 3.2 the Master;
 3.3 the South African Revenue Services;
 3.4 be published in the Citizen and the Government Gazette and the Citizen newspaper.
 4. That the costs of the application in terms of rule 27(4) and application in terms of Section 9(4A)(4) (iv) of Act 24 of
       1936 shall be costs in the sequestration proceedings.
 REGISTRAR. - HIGH COURT
 SERFONTEIN VILJOEN & SWART, 165 ALEXANDER STREET, BROOKLYN, PRETORIA. Tel: (012) 362-2556. E-
 mail: engela@svslaw.co.za.
 Date submitted: 2023-08-08.
                                                    ----------oo0oo----------
                                                                                              Case No: 2023/020940
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
           JOHANNESBURG, 2023-03-09, BEFORE THE HONOURABLE JUSTICE WINDELL J, in chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: A Mercedes Benz A200 with Registration number CAA342909, VIN number WDD1690322J998482, Engine
 number 26694030969907, registered in the name of Anobulo Oluebelu (the vehicle) seized by the SAPS on 07
 February 2022, held at Olifantsfontein CAS 68/02/2022 Aeroton under SAP 13/418/2022.
                      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)
 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 09 MARCH 2023, Case number 2023/020940, in relation to: A Mercedes Benz A200
 with Registration number CAA342909, VIN number WDD1690322J998482, engine number 26694030969907
 registered in the name of Anobulo Oluebelu (the vehicle) seized by the SAPS on 07 February 2022, held at
 Olifantsfontein CAS 68/02/2022 Aeroton under SAP 13/418/2022. (a copy of the application and order can be obtained
 from the person mentioned in par 11 hereunder).
 This notice is addressed to Anobelu Oluebelu and all other persons who may have an interest in a Mercedes Benz
 A200 with Registration number CAA342909, VIN number WDD1690322J998482, Engine number 26694030969907
 registered in the name of Anobulo Oluebelu (the vehicle) seized by the SAPS on 07 February 2022, held at
 Olifantsfontein CAS 68/02/2022 Aeroton under SAPS 13/418/2022 (Property).

 Take notice that:
 2. The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained a
 preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from the
 State Attorney, Johannesburg.

 3. 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.

 4. 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.

 5. 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

                                 This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 18 Augustus 2023                                          No. 49127   59

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.

6. 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.

7. 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.

8. 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.

9. 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;

10. 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 5 and 6 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.

11. 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 E Machethe, 10th Floor, North State Building, 99 Albertina Sisulu Street, Johannesburg; Private Bag X 9,
Johannesburg, 2000. Tel: (011) 220 4121. Fax: 0866978037. E-mail: EMachethe@npa.gov.za. Ref: P14-E Machethe/
JAFU49/2022(Oluebelu).

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: 2023/010174
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
    JOHANNESBURG, 2023-02-22, BEFORE THE HONOURABLE JUSTICE MUDAU via Microsoft teams (virtual)
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R80 280 seized by members of the SAPS on 07 May 2020 under Alberton CAS 77/05/2020 which
amount is currently held in the SAPS’ ABSA suspense account number 4054522787.
                       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)
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 22 February 2023, Case number 2023/010174, in relation to: The sum of R80 280
seized by members of the SAPS on 07 May 2020 under Alberton CAS 77/05/2020, which amount is currently held in
the SAPS' ABSA Suspense account number 4054522787 (a copy of the application and order can be obtained from
the person mentioned in par 11 hereunder).
1. This notice is addressed to Richard Abusel and/or Evans Tagbor and all other persons who may have an interest
in the sum of R80 280 seized by members of the SAPS on 07 May 2020 under Alberton CAS 77/05/2020, which amount
is currently held in the SAPS' ABSA Suspense account number 4054522787 (the property).
Take notice that:
2. The National Director of Public Prosecutions (National Director) has, in respect of the property, obtained a
preservation of property order in terms of section 38(2) of the POCA (the order), a copy of which is obtainable from the
State Attorney, Johannesburg.

Source