Fidelity Cash Solutions with registered adress at no: plot 272, Donkerhoek
Court order seizes property linked to crime · Published 2023-10-20 · What is a POCA?
- Party
- Fidelity Cash Solutions with registered adress at no: plot 272, Donkerhoek
Case
- Case number
- M566/2022
- Court
- BEFORE THE HONOURABLE JUSTICE MATHUNZI AJ
Parties addressed
- Fidelity Cash Solutions with registered adress at no: plot 272, Donkerhoek
Asset description
Cash in the sum of R609 520 held at fidelity Cash Solutions main vaults in plot 272, Donkerhoek, Rustenburg. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: M566/2022
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION,MAHIKENG)
MMABATHO, 2022-11-10, BEFORE THE HONOURABLE MADAM JUSTICE MFENYANA AJ
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Cash in the sum of R609 520 held at fidelity Cash Solutions main vaults in plot 272, Donkerhoek,
Rustenburg.
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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
West Division, Mahikeng) on 10th November 2022 in case number M566/2022 in relation to: Cash in the sum of R609
520 held at fidelity Cash Solutions main vaults in plot 272, Donkerhoek, Rustenburg.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Fidelity Cash Solutions with registered adress at no: plot 272, Donkerhoek,
Rustenburg and Capitec Bank whose head office address is 5 Neutron Street, Techno Park, Stellenbosch, Western
Cape any 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 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:
The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms Ndabeni.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 Oktober 2023 No. 49515 29
Case No: 074545/2023
1 of 2
IN THE HIGH COURT OF SOUTH AFRICA
(BEFORE THE HONOURABLE JUSTICE MATHUNZI AJ)
PRETORIA, 2023-10-02, BEFORE THE HONOURABLE JUSTICE MATHUNZI AJ
In the matter between: WILHELM JOSEPHUS FOUCHE, APPLICANT, and HENDRIK STEPHANUS COETZER,
RESPONDENT
Having read the papers and having heard counsel in the matter, the following order is made:
1. That the Respondent's estate be Provisionally Sequestrated and placed in the hands of the Master of the
High Court of South Africa, Gauteng Division, Pretoria with a return date of 07 NOVEMBER 2023, as the date that the
Respondent is requested to state why such an order should not be made final.
2. That this order be served on the Respondent Personally, as well as a copy hereof on SARS and the Master
of the High Court.
3. That this order be advertised once in the Citizen Newspaper and Government Gazette.
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Case No: 074545/2023
1 of 2
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-10-02, BEFORE THE HONOURABLE JUSTICE MATHUNZI AJ
In the matter between: WILHELM JOSEPHUS FOUCHE, APPLICANT, and HENDRIK STEPHANUS COETZER,
RESPONDENT
Having read the papers and having heard counsel in the matter, the following order is made:
1. That the Respondent's estate be Provisionally Sequestrated and placed in the hands of the Master of the
High Court of South Africa, Gauteng Division, Pretoria with a return date of 07 NOVEMBER 2023, as the date that the
Respondent is requested to state why such an order should not be made final.
2. That this order be served on the Respondent Personally, as well as a copy hereof on SARS and the Master
of the High Court.
3. That this order be advertised once in the Citizen Newspaper and Government Gazette.
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Case No: M531/2022
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION,MAHIKENG)
MMABATHO, 2022-12-13, BEFORE THE HONOURABLE MADAM JUSTICE DJADJE ADJP
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: 1. A white Toyota Dyna 150 Truck with registration number JC 64 XM GP, with vin number
JTFAF34Y709013593 held at Sannieshof under SAP 13/53/2022.
2. R300.00 (Three Hundred Rands) Cash with serial numbers VG 0555598 D, VG 8470682 D and PQ 0204730 D
held at Sannieshof SAPS under SAP13/54/2022
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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North