Mohammed Faruqur Rahman (whose current whereabouts are unknown to the Applicant)
Court order seizes property linked to crime · Published 2023-11-10 · What is a POCA?
- Party
- Mohammed Faruqur Rahman (whose current whereabouts are unknown to the Applicant)
- Date
- 2023-08-05
Case
- Case number
- M543/2023
- Court
- North West
Parties addressed
- Mohammed Faruqur Rahman (whose current whereabouts are unknown to the Applicant)
Asset description
cR150 000 and R158 340 in cash seized by the police under Enquiry number Potchefstroom 04/12/2011 and currently under control of the curator bonis. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: M543/2023
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
MMABATHO, 2023-10-05, BEFORE THE HONOURABLEMADAM JUSTICE DJADJE AJP
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: R150 000 and R158 340 in cash seized by the police under Enquiry number Potchefstroom 04/12/2011
and currently under control of the curator bonis.
AN APPLICATION IN TERMS OF SECTION 38(1) 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 05 August 2023 in Case number M543/2023, in relation to: cR150 000 and R158 340 in cash
seized by the police under Enquiry number Potchefstroom 04/12/2011 and currently under control of the curator bonis.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to: Mohammed Faruqur Rahman (whose current whereabouts are unknown to the Applicant)
and Abdul Hai per adress Moshidi Attorneys, Mmabatho and 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 10 November 2023 No. 49616 35
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: P2.
National Prosecuting Authority (Order No: 030378), DPP- Mmabatho, Megacity Complex, East Gallery, 3139 Sekame
Road Mmabatho 2735. E-mail: MMahlafore@npa.gov.za. Tel: 018-381-9017.
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Case No: 2023-042694
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNEBSURG)
JOHANNESBURG, 2023-09-12, JUDGE MUDAU
In the matter between: PONTA DO SOL BODY CORPORATE and CAMARA MANUEL DIONIZIO DA SILVA
COURT ORDER
1. The Respondent Camara Manuel Dionizio Da Silva (ID no: 651025 5118 087) is sequestrated and his estate is
placed in the hands of the Master.
2. Costs of this application are costs in the winding up of the estate of the Respondent.
Bennett McNaughton Attorneys, 21 Linksfield Road, Edenvale. E-mail: memory@bmattorneys.co.za. Tel: 011-
453-6555.
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Case No: 2022/053377
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-08-30, BEFORE THE HONOURABLE ACTING JUSTICE MKHABELA
In the application of: THE BODY CORPORATE MONZA and MAHOMED BILAL FARUK,
DATED OF BIRTH: 7 JULY 1987
After perusing the papers and considering counsel's submissions an order in the following terms is hereby
made:
1. The estate of the respondent is placed under provisional sequestration.
2. The Respondent is called upon to advance reasons, if any, why the Court should not order final
sequestration of the said estate on 9 JANUARY 2024, or so soon thereafter as the matter be heard.
3. Leave is granted to the applicant to serve this Order on the Respondent in the substituted manner as
ordered by the Honourable Justice Van Der Schyff on 13 April 2023.
4. Costs are to be in the sequestration.
BY ORDER. - Adv RG Bowles, Counsel for the Applicant. ross@clubadvocates.co.za. 071 896 4837.
ROUSSEAU AND ROUSSEAU, Robert Rousseau. robert@rousseaulaw.co.za. 012 998 7316. Respondent:
Unrepresented.
ROUSSEAU AND ROUSSEAU ATTORNEYS, 690 OLD FARM ROAD FAERIE GLEN PRETORIA. E-mail:
ROBERT@ROUSSEAULAW.CO.ZA. Tel: 012 998 7316.
.
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This gazette is also available free online at www.gpwonline.co.za
36 No. 49616 GOVERNMENT GAZETTE, 10 November 2023