Mohau Samson Lijane

Court order seizes property linked to crime · Published 2023-09-15 · What is a POCA?

Party
Mohau Samson Lijane
Date
2023-09-01

Case

Case number
1407/2023
Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Mohau Samson Lijane

Asset description

In re: The credit balance, including interest, in Capitec Bank Account number 1461028998, which is the proceeds of unlawful activities (a copy of which can be obtained from the person motioned in par 9 hereunder.)

From the gazette

                                                                                                 Case No: EL 1407/2023
                                                                                             P/H of Docex: 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                      (Eastern Cape Division, East London Circuit Court)
                               East London, 2023-09-01, Before the Honorable Justice BHESHE
                       In the ex parte application of: The National Director of Public Prosecutions
   In re: The credit balance, including interest, in Capitec Bank Account number 1461028998 which is the proceeds
   of unlawful activities(a copy of which can be obtained from the person motioned in par 9 hereunder.)
                                                             annexure a
               NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT
                                                      121 OF 1998 (POCA)
   The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South
   Africa (Eastern Cape Division East London Circuit Court) on 01 September 2023 in Case number 1407/2023, in
   relation to:
   In re: The credit balance, including interest, in Capitec Bank Account number 1461028998, which is the proceeds
   of unlawful activities (a copy of which can be obtained from the person motioned in par 9 hereunder.)
   This notice is addressed to Mohau Samson Lijane and all other 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.
   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: STATE ATTORNEY
   GQEBERHA, 29 Western Road, Central, Gqeberha. Tel: 041 585 7921. WaErasmus@justice.gov.za.
   Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA, 0127. Tel: 043 706 5100. E-mail:
   ASakasa@npa.gov.za.
   Date submitted: 2023-09-04.
                                                      ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
                                     STAATSKOERANT, 15 September 2023                                      No. 49301   23

                                                                            Case No: 013893/2023
                               IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA)
               PRETORIA, 2023-07-26, BEFORE THE HONOURABLE JUSTICE MANYATHI AJ
 In the matter between: THE BODY CORPORATE TULBACH PARK and NGKOALA EZEKIEL THWABALA
          (ID NO: 711030 5478 08 3) and MERCIA FIHLIWE GEORGE (ID NO: 770908 0374 08 4)
After having considered the documents filed and having heard Counsel for the Applicant:
                                              IT IS ORDERED THAT:
1. The Application is postponed sine die insofar as it relates to the applicant's claim against the First Respondent.
1.1 The First Respondent is ordered to deliver his notice to oppose and opposing affidavit within 15 (fifteen) days
after the date of this order (being on or before 17 August 2023), failing which, the applicant may proceed to
re-enrol the matter for hearing on the unopposed motion roll.
1.2 The First Respondent is ordered to pay the applicant's wasted costs occasioned by the postponement.
2. The estate of the Second Respondent, MERCIA FIHLIWE GEORGE (Identity number: 770908 0374 08 4) is
provisionally sequestrated and its affairs is placed in the hands of the Master of the High Court.
3. A rule nisi do hereby issue, returnable on 30 OCTOBER 2023, on which date the Second Respondent, or any
other interested parties may show cause, if any, why the Second Respondent's estate should not be finally
sequestrated.
4. A copy of the provisional order for sequestration is to be served:
4.1 On the second respondent by the Sheriff of the High Court (or his lawful deputy) at her residential address;
4.2 on the Master of the High Court, Pretoria and on the South African Revenue Service by the applicant's Attorneys
of record;
4.3 by publication one in the Government Gazette;
4.4 by publication, one in two newspapers distributed within Gauteng Province.
5. The costs if this application are the costs in the sequestration of the Second respondent's estate. TEL: 012 342
1797. FAX: 012 342 1796. E-MAIL: marne@plrlaw.co.za. REF: LS0019.
PRETORIUS LE ROUX ATTORNEYS, 339 HILDA STREET, HATFIELD. Tel: 012 342 1797. E-mail:
marne@plrlaw.co.za.
Date submitted: 2023-09-04.
                               ----------oo0oo----------

                                                                            Case No: 013893/2023
                               IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA)
               PRETORIA, 2023-07-26, BEFORE THE HONOURABLE JUSTICE MANYATHI AJ
 In the matter between: THE BODY CORPORATE TULBACH PARK and NGKOALA EZEKIEL THWABALA
          (ID NO: 711030 5478 08 3) and MERCIA FIHLIWE GEORGE (ID NO: 770908 0374 08 4)
After having considered the documents filed and having heard Counsel for the Applicant:
                                              IT IS ORDERED THAT:
1. The Application is postponed sine die insofar as it relates to the applicant's claim against the First Respondent.
1.1 The First Respondent is ordered to deliver his notice to oppose and opposing affidavit within 15 (fifteen) days
after the date of this Order (being on or before 17 August 2023), failing which, the Applicant may proceed to re-
enrol the matter for hearing on the unopposed motion roll.
1.2 The First Respondent is ordered to pay the applicant's wasted costs occasioned by the postponement.
2. The estate of the Second Respondent, MERCIA FIHLIWE GEORGE (Identity number: 770908 0374 08 4) is
provisionally sequestrated and its affairs is placed in the hands of the Master of the High Court.
3. A rule nisi do hereby issue, returnable on 30 OCTOBER 2023, on which date the Second Respondent, or any
other interested parties may show cause, if any, why the Second Respondent's estate should not be finally
sequestrated.
4. A copy of the provisional order for sequestration is to be served:

                             This gazette is also available free online at www.gpwonline.co.za
24  No. 49301                     GOVERNMENT GAZETTE, 15 September 2023

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