Notice

Court order seizes property linked to crime · Published 2024-03-08 · What is a POCA?

Date: 2024-01-23

Case

Case number: 19852/2023
Court: Western Cape Division, Cape Town

Asset description

a white 2011 1.5 SX Toyota Avanza with Registration number CF 94579, Engine number DCA1463 (the Toyota Avanza) and a green 2001 180 SE manual 5dr Nissan Almera with Registration number CF 281 286, Engine number QG18097797Q (the Nissan Almera) that were seized by the South African Police Service (SAPS) under Lansdowne CAS 179/03/2022 and Lansdowne CAS 180/03/2022 (collectively referred to as the property) (a copy of the application and order can be obtained from the person mentioned in par 9 here

Identifiers

Cash amount: R15 000.00

From the gazette

ROUSSEAU AND ROUSSEAU ATTORNEYS, 690 OLD FARM ROAD FAERIE GLEN PRETORIA. E-mail:
ROBERT@ROUSSEAULAW.CO.ZA. Tel: (012) 998-7316.
Date Submitted: 2024-02-27.
----------oo0oo----------
Case No: 19852/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
CAPE TOWN, 2024-01-23, Before the Honourable Ms Acting Justice Andrews
In the matter between: The National Director of Public Prosecutions, Applicant
In re: In re: A white 2011 1.5 SX Toyota Avanza with registration number CF 94579, engine number DCA1463 and a
green 2001 180 SE Manual 5DR Nissan Almera with registration number CF 281 286, engine number QG18097797Q.
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 23 January 2024 in case number 19852/2023, in relation to: a white 2011 1.5
SX Toyota Avanza with Registration number CF 94579, Engine number DCA1463 (the Toyota Avanza) and a green
2001 180 SE manual 5dr Nissan Almera with Registration number CF 281 286, Engine number QG18097797Q (the
Nissan Almera) that were seized by the South African Police Service (SAPS) under Lansdowne CAS 179/03/2022 and
Lansdowne CAS 180/03/2022 (collectively referred to as the property) (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, 4th Floor, 22 Long Street Cape Town. His contact details are as follows: Private Bag X 9001, Cape Town,
8000. Tel: (021) 441-9274 and Fax: (021) 421-9364 / Email: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town. E-mail: zkarjiker@justice.gov.za. Tel: (021) 441-
9200.
Date Submitted: 2024-02-13.

This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 8 Maart 2024 No. 50259 55

Case No: 020660/2023
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2024-01-08, BEFORE THE HONOURABLE JUSTICE HOLLAND-MUTER
THE BODY CORPORATE EDEN VILLAGE and KARABELO SYLVIA LEPUTLA,
Identity Number: 891002 0619 088
After perusing the papers and considering counsel's submissions an order in the following terms is hereby
made:
1. The estate of the Respondent is placed under provisional sequestration.
2. The Respondent is called upon to advance reasons if any, why the Court should not order the final
sequestration of the said estate on 3 APRIL 2024 at 10h00, or so soon thereafter as the matter may be heard.
3. Leave is granted to the Applicant in terms of section 11(2) of the Insolvency Act 24 of 1936 to serve this
Order on the Respondent by manner of substituted service as per the Court Order granted under the above Case
Number by the Honourable Justice Francis-Subbiah on 10 August 2023.
4. Costs are to be in the sequestration.
BY ORDER. - Adv RG Bowles, Counsel for the Applicant. ross@clubadvocates.co.za. 071 896 4837;
ROUSSEAU AND ROUSSEAU ATTORNEYS, Robert Rousseau. robert@rousseaulaw.co.za. Tel: (012) 998-7316.
Respondent: Unrepresented.
ROUSSEAU AND ROUSSEAU ATTORNEYS, 690 OLD FARM ROAD FAERIE GLEN PRETORIA. E-mail:
ROBERT@ROUSSEAULAW.CO.ZA. Tel: (012) 998-7316.
----------oo0oo----------
Case No: 7879/2023
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
POLOKWANE, 2023-11-15, Before the Honourable:Acting Judge Marais
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A White Toyota Quantum 2.8 LWB PANEL VAN3 with registration number JRC 994 EC,Chassis number
JTFRAFAP408003687 and Engine number 1GD8429354 seized by the members of the South African Police Services
near Mahwelereng policing area on 14 September 2021 under Manhwelereng CAS 286/09/2021 and held at
Mahwelereng Police Pound under reference number SAP 13 875/2021.b. Cash amount of R 15 000.00 seized by the
members of the South African Police Services in the Mahwelereng policing area on 14 September 2021 under case
docket Mahwelereng.
IN THE APPLICATION FOR A FORFEITURE ORDER IN TERMS OF SECTION 48 OF THE PREVENTION OF
ORGANISED CRIME ACT NO 121 OF 1998
Before the Honourable :Acting Judge Marais, on the 15th day of November 2023
Having read the documents filed of record and having considered the matter:
IT IS HEREBY ORDERED THAT:
The property
1. An order is granted in terms of the provisions of section 50 of the Prevention of Organised
Crime Act 121 of 1998 (POCA) declaring forfeit to the state, A White Toyota Quantum 2.8 LWB PANEL
VAN3 with registration number JRC 994 EC,Chassis number JTFRAFAP408003687 and Engine number
1GD8429354 seized by the members of the South African Police Services near Mahwelereng Policing
area on 14 September 2021 under Mahwelereneg CAS 286/09/2021 and held at Mahwelereng Police
Pound under reference number SAP13 875/2021.b. Cash amount of R 15 000-00 seized by members of
South African Police Services in the Mahwelereng policing area on 14 September 2021 under case docket
Mahwelereng CAS 286/09/2021 and held at Mahwelereng Police Station under reference number SAP

13 872/2021..c. Cash amount of R 3 550-00 seized by members of the South African Police Services in
the Mahwelereng policing area on 14 September 2021 under case docket Mahwelereng CAS
286/09/2021 and held at Mahwelerng Police Station under reference number SAP 13 872/2021 and held
at Mahwelereng Police Station under reference number SAP 13 873/2021(The property),which property
is presently subject to a preservation of property order granted by this Honourable court under the above
case number on 31 AUGUST 2023.
2. In terms of section 56(2) of the Act, the property shall vest in the State upon granting of this order.

This gazette is also available free online at www.gpwonline.co.za
56 No. 50259 GOVERNMENT GAZETTE, 8 March 2024

Notice

Case

Asset description

Identifiers

From the gazette

Source