Notice
Court order seizes property linked to crime · Published 2023-08-25 · What is a POCA?
Case
- Case number
- 904/2023
- Court
- Eastern Circuit Local Division, George
Asset description
cash in the sum of R210 300 and various household items listed in Annexure AA that was seized by members of the South African Police Service on 5 January 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
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Case No: 904/2023
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
CAPE TOWN, 2023-08-04, Before the Honourable Justice Sher
In the matter between: The National Director of Public Prosecutions, Applicant
In re: Cash in the sum of R210 300 and various household items listed in Annexure AA
An application for a preservation of property order 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 Organised Crime Act, No. 121 of 1998 in the HIGH COURT OF SOUTH AFRICA
(Eastern Circuit Local Division, George) on 4 August 2023, in case number 904/2023 in relation to: cash in the sum of
R210 300 and various household items listed in Annexure AA that was seized by members of the South African Police
Service on 5 January 2021 (a copy of the application and order can be obtained from the person mentioned in par 9
hereunder).
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 25 Augustus 2023 No. 49187 27
This notice is addressed 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 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.
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 POCA. 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 POCA.
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 address:
10. The State Attorney: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
11. His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax:
(021) 421-9364 /. Email: ZKarjiker@justice.gov.za.
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Case No: 18894/2021
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Local Division)
Johannesburg, 2022-10-31, Dosio J
In the matter between: ABSA BANK LIMITED, Applicant, and MOTSHWERATEU EDWIN BONTSI, Respondent
IN EXECUTION of a judgment of the above Honourable Court in the above action dated the 31ST day of
OCTOBER 2022, a sale will be held at the office of the SHERIFF, ROODEPOORT at 182 PROGRESS ROAD,
LINDHAVEN ROODEPOORT on 15 SEPTEMBER 2023 at 10h00 of the under-mentioned property of the Judgment
Debtor on the Conditions, which will lie for inspection prior to the sale at the offices of the ACTING SHERIFF,
ROODEPOORT at 182 PROGRESS ROAD, LINDHAVEN ROODEPOORT. At a Reserve Price of R225 949.64.
A Unit consisting of-
(a) Section Number. 6 as shown and more fully described on Sectional Plan No. SS157/2005 in the scheme
known as DUNAMIS in respect of the land and building or buildings situate at WITPOORTJIE EXTENTION 34
TOWNSHIP, CITY OF JOHANNESBURG, of which section the floor area, of which according to the said sectional plan
is 62 (SIXTY TWO) square metres in extent and
(b) An undivided share in the common property in the scheme apportioned to the said section in accordance
with the participation quota as endorsed on the said sectional plan, HELD BY Deed of Transfer NUMBER. ST6710/2012
AND SUBJECT TO SUCH CONDITIONS AS SET OUT IN THE AFORESAID DEED OF TRANSFER.
This gazette is also available free online at www.gpwonline.co.za
28 No. 49187 GOVERNMENT GAZETTE, 25 August 2023