Notice

Court order seizes property linked to crime · Published 2024-02-23 · What is a POCA?

Date
2023-12-13

Case

Case number
2023-132147
Court
Gauteng Division, Pretoria

From the gazette

 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 Act. 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 Act;
            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 addresses:THE STATE
 ATTORNEY:Mr K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria.His contact details are as follows:
 Private Bag X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. Ref: 3421/23/Z56
 Email: KKgapola@justice.gov.za and PKhoba@npa.gov.za
                                                    ----------oo0oo----------
                                                                                                     Case No: 2023-132147
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                   (Gauteng Division , Pretoria)
                                   Pretoria, 2023-12-13, The Honorable Justice Minaar AJ
                                      In the ex parte application of: NDPP, Applicant
                                 In re: A schedule of Assets attached to the Court Order.
    AN APPLICATION IN TERMS OF SECTION 38 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
           organized Crime Act, No. 121 of 1998 in the High Court of South Africa (Gauteng Division, Pretoria) on 13
 December 2023 in case number 2023-132147 in re: A schedule of Assets attached to the Notice of Motion.
            (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder). This
 notice is addressed to: Edwin Thabo Letopa and his 37 companies Appearing in Scheule of Assets of 18 Jaquiline
 Avenue, Northliff Johannesburg
             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 an 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 Act. 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, 23 Februarie 2024                                        No. 50182   37

           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 Act;
           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
K Kgaphola , SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax No: 012 309 1649/50

         Email: kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za
                                                   ----------oo0oo----------
                                                                                            Case No: 054668-2022
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                                 PRETORIA, 2023-07-12, Honourable Justice Khumalo
  In the matter between: JAN KRIEL ATTORNEYS, Applicant, and RYNO MATHEE (Identity number: 820712
                  5076 086) (Marital status: Married out of community of property), Respondent
                                                 In re: DRAFT ORDER
                                                  Jan Kriel Attorneys
         HAVING read the Notice of Motion and other documents filed and hearing counsel and for the parties and
considered the matter-
          IT IS ORDERED:
              1. The Respondent estate be and is hereby provisionally sequestrated;
             2.The Respondent and any other interested party is called upon to show cause why this Court should not
order the final sequestration of the Respondent on 1 March 2024 at 10:00 or so soon thereafter as the matter may be
heard;
         3. A copy of this order shall be forthwith served on the Respondent this order shall be published in the
Government Gazette and in the Citizen Newspaper;
         4. A copy of this order shall be served on the South African Revenue Services and the Master of the High
Court;
         5. That costs of this application be costs in the sequestration of the Respondent.

         BY ORDER
         REGISTRAR
                                                   ----------oo0oo----------
                                                                                                    Case No: 91426/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                                              PRETORIA, 2024-03-04, TBA
             In the application of: KIM YVETTE HARRIS, and BRADLEY BYRON WILLIAMS, Applicants
           1. The applicants are given leave to change the matrimonial property system which applies to their marriage
(that is, that of in community of property), by the execution and registration of a notarial contract, a draft whereof is
attached to the first applicant's supporting affidavit and is marked “C” and which contract, after registration thereof, will
regulate their property system;

                                This gazette is also available free online at www.gpwonline.co.za
38  No. 50182                        GOVERNMENT GAZETTE, 23 February 2024

Source