Zacharia Khosa

Court order seizes property linked to crime · Published 2023-10-20 · What is a POCA?

Party
Zacharia Khosa
Date
2023-08-31

Case

Case number
2023/080485
Court
Gauteng Division, Johannesburg

Parties addressed

  • Zacharia Khosa

Asset description

The sum of R3000.00 in cash seized by members of the South African Police Service on 09 December 2019 under Hillbrow CAS 255/12/2019 held under reference number Hillbrow SAP 13/1755/2019

From the gazette

          6         Costs of the application are costs in the second respondent's winding-up.
                                                    ----------oo0oo----------
                                                                                                     Case No: 2023/080485
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, JOHANNESBURG)
                   JOHANNESBURG, 2023-08-31, BEFORE THE HONOURABLE JUDGE WILSON
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
   In re: The sum of R3000.00 in cash seized by members of the South African Police Service on 09 December
          2019 under Hillbrow CAS 255/12/2019 held under reference number Hillbrow SAP 13/1755/2019
            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 31 August 2023 in case number 2023/080485 in relation to:

          The sum of R3000.00 in cash seized by members of the South African Police Service on 09 December 2019
 under Hillbrow CAS 255/12/2019 held under reference number Hillbrow SAP 13/1755/2019

           This notice is addressed to Zacharia Khosa and all persons who may have an interest the sum of R3000.00
 in cash seized by members of the South African Police Service on 09 December 2019 under Hillbrow CAS 255/12/2019
 held under reference number Hillbrow SAP 13/1755/2019 (“the property”).
           TAKE NOTICE THAT:
           1. The National Director of Public Prosecutions 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 20 Oktober 2023                                        No. 49515   59

          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 4087
          Email: MeMahloko@npa.gov.za
          Ref: P14- M Mahloko /P14 Khosa Z
                                                  ----------oo0oo----------
                                                                                              Case No: 2023-025619
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        ((GAUTENG DIVISION, PRETORIA))
                                  PRETORIA, 2023-08-23, JUSTICE HASSIM AJ
 In the matter between: CATHARINA ADOLPHINA CRONJE T/A KC BILLING LEGAL COSTS CONSULTANTS,
                             Applicant, and K MALAO INCORPORATED, Respondent
                                           In re: Liquidation Application
         After considering the submission of Counsel on behalf of the Applicant and after perusing the papers herein

         1.        That the Respondent be placed under provisional liquidation returnable on the 8th of November
2023;

         2.       That this Respondent, and all other interested parties, are called upon to show cause on or before
the return date hereof, why this order should not be made final;

         3.        That this interim order be served upon the Respondent at its registered address by way of Sheriff;

         4.        That this order be served upon the Master of the High Court by way of filing notice, by hand;

         5.        That this order be served upon the South African Revenue Service by e-mail;

         6.      That this interim order be served upon the employees of the Respondent, as well as the Trade Unions
of the employees of the Respondent, if any, by affixing a copy of this order against the principal door or gate of the
premises of the Respondent, at the Respondent's registered address, by way of the sheriff;

                               This gazette is also available free online at www.gpwonline.co.za
60  No. 49515                        GOVERNMENT GAZETTE, 20 October 2023

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