The Waterfall Country Estate Homeowners Association NPC

Court order seizes property linked to crime · Published 2023-09-22 · What is a POCA?

Party
The Waterfall Country Estate Homeowners Association NPC
Date
2023-06-26

Case

Case number
2023-059271
Court
Gauteng

Parties addressed

  • The Waterfall Country Estate Homeowners Association NPC
  • The Waterfall Country Estate WUQF Proprietary Limited

Asset description

1. Erf number 3303 of the Township Jukskei View,Ext 105,Gauteng, commonly known as Erf 3303,Waterfall Country Homeowners Association, Maxwell Drive, Midrand, Gauteng, measuring at 1105s square meters, held by Certificate of Registered Title, T64406/2014 (the property). (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)

From the gazette

   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 Act.
   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: THE STATE ATTORNEY:
   Mr K Kgaphola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag
   X 91, Pretoria, 0001. Tel: (012) 309 1500 / (012) 309 1677 and Fax No: (012) 309 1649/50. E-mail:
   kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za.
   National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
   Tel: (012) 845-6371. E-mail: ClSibiya@npa.gov.za.
   Date submitted: 2023-09-10.
                                                    ----------oo0oo----------
                                                                                                    Case No: 2023-059271
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              (GAUTENG DIVISION, PRETORIA)
           PRETORIA, 2023-06-26, BEFORE THE HONOURABLE JUSTICE LEDWABA DJP, IN CHAMBERS
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
   In re: Erf number 3303 of the Township Jukskei View,Ext 105,Gauteng, commonly known as Erf 3303, Waterfall
   Country Homeowners Association,Maxwell Drive, Midrand, Gauteng, commonly known as Erf 3303, Waterfall
   Country Homeowners Association, Maxwell Drive, Midrand,,Gauteng, measuring at 1105s square meters, held by
   Certificate of registered title, T64406/2014.
   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 (Gauteng
   Division, Pretoria) on 26 June 2023 in Case number 2023-059271, in relation to:
   1. Erf number 3303 of the Township Jukskei View,Ext 105,Gauteng, commonly known as Erf 3303,Waterfall
   Country Homeowners Association, Maxwell Drive, Midrand, Gauteng, measuring at 1105s square meters, held by
   Certificate of Registered Title, T64406/2014 (the property). (a copy of the application and order can be obtained
   from the person mentioned in par 9 hereunder.)
   This notice is addressed to:
   1) Mbuleli Lusenga N.O, Godfrey Sibusiso Lusenga N.O and Mbuleli Nkosi N.O, whose last known address is

   Unit 12 Pebble Beach, Blueberry Road, Honeydew and or at 1518 Doral Place, Eagle Canyon Golf Estate,
   Honeydew in Gauteng Province.
   2. The Waterfall Country Estate Homeowners Association NPC at the Club House,Gate 4,2630,Timbavati
   Drive, Midrand Gauteng.
   3. The Waterfall Country Estate WUQF Proprietary Limited at the Club House,Gate 4,2630,Timbavati Drive,
   Midrand, Gauteng.
   4) The Standard Bank of South Africa Limited at No.5 Simmonds Street, Marshalls Town, Johannesburg,
   Gauteng Province, and 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 an 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 Act. 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 22 September 2023                                         No. 49326   25

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 Act;
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 addresses: THE STATE
ATTORNEY: Mr K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows:
Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. E-mail:
KKgapola@justice.gov.za and CLSibiya@npa.gov.za. Reference: 2955/23/Z56.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: (012) 845-6368. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-09-10.
                                                 ----------oo0oo----------
                                                                                                   Case No: 2023-056153
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
              JOHANNESBURG, 2023-06-22, BEFORE THE HONOURABLE ADAMS J, in chambers
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R50 000 in cash held in the Boksburg North Police Station’s SAP13 Office under references
SAP13/750/2022 and SAP13/863/2022.
 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 22 JUNE 2023, Case number 2023-056153, in relation to:
The sum of R50 000 in cash held in the Boksburg North Police Station's SAP13 Office under references
SAP13/750/2022 and SAP13/863/2022. (a copy of the application and order can be obtained from the person
mentioned in par 10 hereunder).
1. This notice is addressed to: Leah Mookho Mabitle (Identity Number: 760506 0419 08 1), and all other persons
who have an interest in the below listed property, or property representing such property or the proceeds of such
property, to wit, the sum of R50 000 in cash seized by the South African Police Service on 28 October 2022 and
13 December 2022 under Boksburg North CAS 175/11/2022 and deposited into the Boksburg North Police Station's
SAP13 Office under references SAP13/750/2022 and SAP13/863/2022, respectively (the property).
Take notice that:

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