Notice
Court order seizes property linked to crime · Published 2023-11-17 · What is a POCA?
- Date
- 2023-10-20
Case
- Case number
- 16161/2023
- Court
- Western Cape
Asset description
property described as R46 199 in cash seized by members of the South African Police Service on 14 March 2022 at 20D Storms River walk, Manenberg, Western Cape. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
Case No: 16161/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
CAPE TOWN, 2023-10-20, Before the Honourable Ms Acting Justice Mayosi
In the matter between: The National Director of Public Prosecutions, Applicant
In re: In re: R46 199 in cash seized by members of the South African Police Service on 14 March 2022.
An application for a preservation of property order in terms of Section 38 of the Prevention of Organised Crime Act,
121 of 1998
ANNEXURE A
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 (Western Cape
Division, Cape Town) on 20 October 2023 in case number 16161/2023 in relation to: property described as R46 199 in
cash seized by members of the South African Police Service on 14 March 2022 at 20D Storms River walk, Manenberg,
Western Cape. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to 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 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: Mr Z
Karjiker, 5th Floor, 22 Long Street, CAPE TOWN. His contact details are as follows: Tel: (021) 441 9301. E-
mail: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town. zkarjiker@justice.gov.za.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 17 November 2023 No. 49718 59
Case No: 2023-067148
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-09-20, JUSTICE VAN DER WESTHUIZEN
In the matter between: THE BODY CORPORATE OF FONTANA VILLAGE and MUZI STANELY RADEBE -
FIRST RESPONDENT; SITHEMBILE RADEBE - SECOND RESPONDENT
IT IS ORDERED THAT:
1. The Respondents' estate is hereby placed under provisional sequestration.
2. A rule nisi issued calling upon the respondents or any interested party to show cause as to why the Respondents
estate should not be placed under final sequestration on the 22 January 2024.
3. This Order be published in the Government Gazette and a local newspaper before the return date.
4. This Order be served upon the Respondents.
5. This Order be served on the Master of the High Court, by filing notice.
6. This Order be served upon the South African Revenue Service.
7. The cost of this application be costs in the sequestration on an attorney and client scale.
Attorney: Loock du Pisanie Inc., Address: 1st Floor, 476 King's Highway, Lynnwood, Pretoria.
LOOCK DU PISANIE INC. Tel: 0878983834.
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Case No: 3482/2023
Annexure: Annexure A, Annexure B, Annexure C
P/H or Docex No: 0413730037
IN THE HIGH COURT OF SOUTH AFRICA
(THE HIGH COURT OF SOURTH AFRICA EASTERN CAPE DIVISION, GQEBERHA)
21 NOVEMBER 2023, 2023-11-21, before the Honourable Justice J Bands
In the ex parte application of: PAUL ABRAHAM DIPPENAAR, First Applicant and DENITA CONRADIE, Second
Applicant
TAKE NOTICE THAT application will be made on behalf of the above-named Applicants on the 21st day of
November 2023 at 09h30, or as soon thereafter as counsel may be heard for an order in the following terms:
NOTICE OF MOTION
1. That the prescribed period allowed for registration of the Applicants' antenuptial contract, a copy of which is annexed
the Founding Affidavit and marked as “PAD1”, be extended and that the Registrar of Deeds be authorised to
register the antenuptial contract.
2. That the above-mentioned Order:
2.1. Will lapse if the antenuptial contract is not registered by the Registrar of Deeds within two months of the date of
the granting of the Order; and
2.2. will not prejudice the rights of any creditors of the Applicants as at date of registration of the contract.
3. In the alternative to Prayers 1 and 2 above:
3.1. That the Applicants be authorised to execute and register a notarial contract, a draft of which is annexed to the
Founding Affidavit and marked as “PAD9” and that the Registrar of Deeds be authorised to thereafter register
the notarial contract.
3.2. That the above-mentioned Order:
3.2.1. Will lapse if the antenuptial contract is not registered by the Registrar of Deeds within two months of the date of
the granting of the Order; and
3.2.2. will not prejudice the rights of any creditors of the Applicants as/**+-at date of registration of the contract.
4. Such further and/or alternative relief as the above Honourable Court may deem fit.
D. GOUWS INCORPORATED, 136 CAPE ROAD, MILL PARK, GQEBERHA. E-mail: accounts@dgouws.co.za. Tel:
041 373 0037.
This gazette is also available free online at www.gpwonline.co.za
60 No. 49718 GOVERNMENT GAZETTE, 17 November 2023