Miracle Chumo Aniagboso
Court order seizes property linked to crime · Published 2024-02-16 · What is a POCA?
- Party
- Miracle Chumo Aniagboso
- Date
- 2024-02-06
Case
- Case number
- 169/24
- Court
- KWAZULU-NATAL DIVISION PIETERMARITZBURG
Parties addressed
- Miracle Chumo Aniagboso
Asset description
R28 000 in cash which is the proceeds of unlawful activities and was seized by the South African Police Service on 19 January 2024 and is held under East London CAS number 291/01/2024 (a copy of which can be obtained from the person motioned in par 9 hereunder.). (a copy of which can be obtained from the person motioned in par 9 hereunder.)
From the gazette
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 obtained a preservation of property order in the High Court of
South Africa ((East London Circuit Court) on 6 February 2024 in case number 169/24 in relation to: R28 000 in cash
which is the proceeds of unlawful activities and was seized by the South African Police Service on 19 January 2024
and is held under East London CAS number 291/01/2024 (a copy of which can be obtained from the person motioned
in par 9 hereunder.).
(a copy of which can be obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Miracle Chumo Aniagboso and all 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.
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:
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 16 Februarie 2024 No. 50139 57
STATE ATTORNEY EAST LONDON// BHISHO
17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
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Case No: 17349/23
ORDER OF COURT
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL DIVISION PIETERMARITZBURG)
PIETERMARITZBURG, 2024-01-23, HONOURABLE ACTING JUDGE NIRGHIN
In the matter between: PINNACLE OUTSOURCE SOLUTIONS (PTY) LTD, Applicant, and CLARKO PROJECTS
(PTY) LTD, Respondent
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARITZBURG
On the 23RD day of JANUARY 2024
Before the Honourable ACTING JUDGE NIRGHIN
PINNACLE OUTSOURCE SOLUTIONS (PTY) LTD APPLICANT
CLARKO PROJECTS (PTY) LTD RESPONDENT
HAVING heard Counsel for the Applicants and having read the notice of motion and the other documents filed
of record;
1. A rule nisi do hereby issue calling upon all persons interested to show cause to this Honourable
Court on the 28TH day of MARCH 2024 at 09h30 or so soon thereafter as the matter may be heard, why the
Respondent should not be finally wound-up and why the costs of this application should not be costs in the liquidation;
2. This Order shall operate, with immediate effect, as a provisional order for the winding-up of the
Respondent;
3. Service of this Order shall be effected forthwith by:
3.1. Publication once in the Government Gazette and once in the Witness newspaper;
3.2. Service on the South African Revenue Service;
3.3. Service on the Respondent at it's registered address, being 166 Bluff Road, Unit 14 Jacobs Industrial
Park, Jacobs, KwaZulu Natal;
3.4. Service on the employees of the Respondent, if any, at 166 Bluff Road, Unit 14 Jacobs Industrial Park,
Jacobs, KwaZulu Natal;
3.5. Service on every registered trade union that represents any of the employees of the Respondent, if any,
at 166 Bluff Road, Unit 14 Jacobs Industrial Park, Jacobs, KwaZulu Natal;
4. A copy of this order shall be forwarded forthwith to each known creditor by prepaid registered post.
This gazette is also available free online at www.gpwonline.co.za
58 No. 50139 GOVERNMENT GAZETTE, 16 February 2024