Notice

Court order seizes property linked to crime · Published 2023-12-29 · What is a POCA?

ID / Reg no
7603050032089
Date
2023-11-21

Case

Case number
19221/2023
Court
Western Cape

Asset description

a grey Mercedes Benz E280 with registration number CAA 382 163 as seized by members of the South African Police Service on 10 September 2022 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

           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
 later. 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, 4th Floor, 22 Long Street, Cape Town.
           His contact details are as follows: Private Bag X9001, Cape Town, 8000. Tel: (021) 441 9200/ 021 441 9284
 and Fax: (021) 421 9364. Email: zkarjiker@justice.gov.za
                                                    ----------oo0oo----------
                                                                                          Case No: 19221/2023
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                    (WESTERN CAPE DIVISION, CAPE TOWN)
                     CAPE TOWN, 2023-11-21, Before the Honourable Mr Acting Justice Coetzee
                 In the matter between: The National Director of Public Prosecutions, Applicant
 In re: Application for a preservation of property order in terms of Section 38 of the Prevention of Organised
 Crime Act, 1998 in respect of a grey Mercedes Benz E280 motor vehicle with registration number CAA 382 163.
                                                      ANNEXURE A

          NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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, 1998 in the High Court of South Africa (Western Cape
 Local Division, Cape Town) on 21 November 2023 under case number 19221/2023 in relation to a grey Mercedes Benz
 E280 with registration number CAA 382 163 as seized by members of the South African Police Service on 10
 September 2022 (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.

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 29 Desember 2023                                        No. 49953   21

          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 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 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, 22 Long Street, Cape Town
         His contact details are as follows: Private Bag X9001, Cape Town, 8000
         Tel: (021) 441 9200/ 021 441 9284
         Email: zkarjiker@justice.gov.za
                                                  ----------oo0oo----------
                                                                                                Case No: 2023-059398
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
               PRETORIA, 2023-10-03, BEFORE THE HONOURABLE JUSTICE MALATSI-TEFFO AJ
          In the matter between: HESTER JOHANNA VAN RENSBURG T/A HR SYSTEMS & SERVICES
  (ID:7603050032089) APPLICANT, and RUANNE VAN ZYL (ID:8503225121081) Married out of Community of
                                                Property RESPONDENT
                                                          ORDER
          HAVING read the documents filed of record, heard counsel and considered the matter it is hereby ordered
that: 1. The respondent's estate is placed under provisional sequestration; 2. The respondent and / or any other party
who wishes to avoid such an order being made final are called upon to advance the reasons, if any, why the court
should not grant a final order of sequestration of the said respondent on 30 January 2024 at 10:00 or as soon thereafter
as the matter may be heard; 3. This order be served on the respondent by way of sheriff; 4. This order be published in
the Government Gazette as well as The Beeld newspaper; 5. This order be served on the Master as well as SARS; 6.
The costs of this application be costs in the sequestration. BY THE COURT REGISTRAR Duvenage & Duveange
Attorneys johan@duvattorneys.co.za 0824580470.
                                                  ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
 22  No. 49953                        GOVERNMENT GAZETTE, 29 December 2023

Source