Zinabu Sumamo Makiso and Selamawit Leykun Gizaw

Court order seizes property linked to crime · Published 2023-09-01 · What is a POCA?

Party
Zinabu Sumamo Makiso and Selamawit Leykun Gizaw
Date
2023-06-13

Case

Case number
2023/055241
Court
Gauteng Division, Johannesburg

Parties addressed

  • Zinabu Sumamo Makiso and Selamawit Leykun Gizaw

Asset description

A white Hyundai Tucson 2.0 Automatic with registration number JR87BJGP, and engine number G4NAJU039694 seized by the South African Police Service and currently held at the Aeroton police pound under reference SAP13/2973/2022 and cash in the sum of R31 666.30 held under reference SAP13/842/2022 under taking number 146804988 with purpose receipt number 27267268

From the gazette

           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), 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 a 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 E Machethe
           10th Floor, North State Building
           99 Albertina Sisulu Street, Johannesburg
           Private Bag X9
           Johannesburg
           2000
           Tel: (011) 220 4121
           Email: EMachethe@npa.gov.za
           REF: AMEX 39 (C YU) / P14
            Any correspondence or other enquiries must also be directed to this address or contact number.
                                                  ----------oo0oo----------
                                                                                             Case No: 2023/055241
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG DIVISION, JOHANNESBURG)
                 JOHANNESBURG, 2023-06-13, BEFORE THE HONOURABLE JUSTICE WILSON
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
 In re: A white Hyundai Tucson 2.0 Automatic with registration number JR87BJGP, and engine number
 G4NAJU039694 seized by the South African Police Service and currently held at the Aeroton police pound
 under reference SAP13/2973/2022 and cash in the sum of R31 666.30 held under reference SAP13/842/2022
 under taking number 146804988 with purpose receipt number 27267268
    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 13 JUNE 2023 in case number 2023/055241 in relation to:

          A white Hyundai Tucson 2.0 Automatic with registration number JR87BJGP, and engine number
 G4NAJU039694 seized by the South African Police Service and currently held at the Aeroton police pound under
 reference SAP13/2973/2022 and cash in the sum of R31 666.30 held under reference SAP13/842/2022 under taking
 number 146804988 with purpose receipt number 27267268

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

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 1 September 2023                                         No. 49215   47

          This notice is addressed to Zinabu Sumamo Makiso and Selamawit Leykun Gizaw and all persons who may
have an interest the white Hyundai Tucson 2.0 automatic with registration number JR87BJGP, and engine number
G4NAJU039694 held at the Aeroton police pound under reference SAP13/2973/2022 and cash of R31 666.30 held
under SPA13/842/2022 held by the SAPS under taking number 146804988 with purpose receipt number 27267268
(“the property”).
           TAKE NOTICE THAT:
          1. The National Director of Public Prosecution has obtained a preservation order (the order) a copy of which
is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (POCA) in
respect of the property.
          2.    If you have an interest in the property you must understand that it is now at risk. You will be well advised
to obtain legal advice on whether your interest can be protected, if so how to protect it.
          3.    You are advised that the National Director of Public Prosecutions will, within 90 days of the publication
of this notice, apply to the High Court under section 48 of the POCA, for an order declaring the property forfeited to the
state. The order will remain in force until the application for forfeiture order is finalised, and until any forfeiture order
that is made final.
          4. If you intend opposing the application for forfeiture, or if you intend applying for an order excluding your
interest from the property, you must enter an appearance in terms of section 39(1), (4), and (5) of the POCA.
          5.    If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice by the
applicant of the application for a forfeiture order in respect of the property.
          6. If you fail to enter an appearance, the court may grant an order forfeiting the property to the state by
default under section 53 of POCA.
          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), 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.
          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:
          STATE ATTORNEY
          Applicant's attorneys
          10th Floor, North State Building
          99 Albertina Sisulu Street
          JOHANNESBURG
          Tel: (011) 220 4121
          Email: EMachethe@npa.gov.za
          REF: Mr E Machethe/P14 Makiso Z.S

         Any correspondence or other enquiries must also be directed to this address or contact number.
                                                   ----------oo0oo----------
                                                                                                      Case No: 1745/2023
                                                                                                         COURT ORDER
                                 IN THE HIGH COURT OF SOUTH AFRICA
                            (MPUMALANGA DIVISION MBOMBELA (MAIN SEAT))
                      NELSPRUIT, 2023-07-14, HONOURABLE JUSTICE ROELOFSE AJ
In the matter between: LONGMEADOW HOME FARM (PTY) LTD, Applicant, and THE REGISTRAR OF DEEDS,
                                         MPUMALANGA, Respondent
        Having read the documents filed of record, heard counsel and considered the matter,

                                This gazette is also available free online at www.gpwonline.co.za
48  No. 49215                        GOVERNMENT GAZETTE, 1 September 2023

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