Sadiki Malindi and Baraka Micky Goliama and any person who may have an interest

Court order seizes property linked to crime · Published 2023-09-29 · What is a POCA?

Party
Sadiki Malindi and Baraka Micky Goliama and any person who may have an interest
ID / Reg no
1995/004258/07
Date
2023-07-21

Case

Case number
061912/2023
Court
Gauteng

Parties addressed

  • Sadiki Malindi and Baraka Micky Goliama and any person who may have an interest

Asset description

Cash in the amount of R38 811 seized by members of the South African Police Service on 12 January 2023, under police docket Ivory Park CAS 252/01/2023.

Identifiers

Cash amount
R38 811
Company regs
1995/004258/07

From the gazette

                                                  ----------oo0oo----------
                                                                                                Case No: 061912/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
                      JOHANNESBURG, 2023-07-21, BEFORE THE HONOURABLE JUSTICE MIA
                        THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
   In re: Cash in the amount of R38 811 seized by members of the South African Police Service on 12 January 2023,
   under police docket Ivory Park CAS 252/01/2023.
                       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 21 JULY 2023 in case number 061912/2023 in relation to: Cash in the amount of R38
   811 seized by members of the South African Police Service on 12 January 2023, under police docket Ivory Park
   CAS 252/01/2023.
   This notice is addressed to: Sadiki Malindi and Baraka Micky Goliama and any person who may have an interest
   in a cash amount of R38 811 that was seized by members of the South African Police Service on 12 January 2023,
   under Ivory Park Police docket CAS 252/01/2023 (the property).
   Take notice that:
   1. The National Director of Public Prosecutions (National Director) is granted a preservation of property order (the
   preservation order) in respect of the property, in terms of section 38 (2) of the Prevention of Organised Crime Act
   121 of 1998 (POCA), a copy of which is obtainable from the State Attorney, Johannesburg.

                               This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 29 September 2023                                         No. 49375   23

2. 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.
3. 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.
4. 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 section 39 (3), (4) and (5)
of the POCA. An appearance must comply with these requirements.
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), upon delivery of not less than 24 hours' notice to the applicant and all other persons
identified in the order as being persons who may have an interest in property, and within 14 days of becoming
aware of the order, apply for 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 cnr Kruis Streets, Johannesburg; Private Bag X 9,
Johannesburg, 2000. Tel: 011 220 4121. E-mail: MMachethe@npa.gov.za.
Any correspondence or other enquiries must also be directed to the above address or contact numbers.
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: 2023-09-21.

                                                 ----------oo0oo----------
                                                                                                  Case No: 084728/2023

                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, PRETORIA)
                   PRETORIA, 2023-09-06, BEFORE THE HONOURABLE JUSTICE PRETORIUS
 In the matter between: DB FINE CHEMICALS (PTY) LTD, Registration number: 1995/004258/07 and REINE
       BAUMANN, Identity Number: 870711 5032 080 (Unmarried) (For the sequestration of his estate)
                      Final Order for sequestration application return date 23 January 2023
After reading the papers filed by the applicant, hearing submission by the Applicant's counsel and considering the
matter:
                                                IT IS ORDERED THAT:
1. Condonation is granted to the Applicant for its non-compliance to the rules of Court concerning forms and service,
as intended in Rule 6(12) of the Uniform Rules of Court, and the Applicant's application is hereby enrolled to be
heard on an urgent basis.
2. The Respondent's estate is hereby provisional sequestrated in the hands of the Master of the above Honourable
Court.
3. A rule nisi is hereby issued calling upon the respondent and all persons interested to show cause, if any, on 23
January 2024 to the above Honourable Court, as to why the Respondent's estate should not be finally sequestrated.
4. Service of this provisional order shall be effected by:
4.1 The Sheriff at the last known residential and employment address of the Respondent, same being as follows:
4.1.1 34 Snowdrop Avenue, Wavecrest, Jeffreys Bay, Eastern Cape Province, being the residential address;
4.1.2 Erf 4451, Jefferys Bay, Kouga Local Municipality, Division Humansdorp, Province of the Eastern Cape, being
the Respondent's last known employment address.

                              This gazette is also available free online at www.gpwonline.co.za
24  No. 49375                      GOVERNMENT GAZETTE, 29 September 2023

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