Notice

Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?

Case

Case number
18039/2023
Court
Eastern Circuit Local Division, George

Asset description

A Mercedes Benz motor vehicle with Registration number CZ 4602 that was seized by members of the South African Police Service on 27 August 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

         4. The Second Respondent shall provide a copy of this application to the Third Respondent.
          5. The First Respondent is placed under Provisional liquidation in the hands of the Master of the High Court,
Bloemfontein.
         6. A rule nisi is issued calling upon all interested parties to furnish reasons, if any, to this Honourable Court at
09h30 on 21 December 2023, why a final order of liquidation should not be granted against the First Respondent.
         7. This Order shall be served forthwith on the First Respondent at is registered address and shall be published
in THE CITIZEN and the GOVERNMENT GAZETTE.
          8. A copy of the provisional winding-up order must be served upon:
          8.1 The employees of the First Respondent (if any) and every registered Trade Union (if any) which as far as
the Sheriff can reasonably ascertain represents any of the employees of the First Respondent (if any);
         8.2 The South African Revenue Services;
          8.3 The Master of the High Court, Bloemfontein;
         8.4 the cost of this application are costs in the Liquidation.
         PHATSHOANE HENNEY INC, 35 MARKGRAAFF STREET, WESTDENE, BLOEMFONTEIN, 9301. E-mail:
tracyp@phinc.co.za. Tel: 051 400 4000.
         Date Submitted: 2023-11-16.
                                                   ----------oo0oo----------
                                                                                                      Case No: 18039/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                     (EASTERN CIRCUIT LOCAL DIVISION, GEORGE)
                              CAPE TOWN, 2023-10-20, Before the Honourable Judge Henney
                   In the matter between: The National Director of Public Prosecutions, Applicant
          In re: In re: Mercedes Benz motor vehicle with registration number CZ 4602.
                       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
(Eastern Circuit Local Division, George) on 20 October 2023, in Case number 18039/2023, in relation to: A Mercedes
Benz motor vehicle with Registration number CZ 4602 that was seized by members of the South African Police Service
on 27 August 2021 (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.

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 49834                        GOVERNMENT GAZETTE, 8 December 2023

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