1) TY Gefore
Court order seizes property linked to crime · Published 2024-03-22 · What is a POCA?
- Party
- 1) TY Gefore
- Date
- 2023-08-28
Case
- Case number
- 2023-083951
- Court
- Gauteng Division, Pretoria
Parties addressed
- 1) TY Gefore
Asset description
1. A Red Nissan 1400 Champ pick-up, with registration number FTR 254 GP, VIN/chassis number ADNB010000A416418 and engine number A14S194120F seized by members of the South African Police Service on 09 July 2015 under case docket Hartbeespoort dam CAS 58/07/2015 and held at Jericho Police Pound with reference SAP 13/81/2017 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
From the gazette
6. That this order be served on the employees of the First Respondent by attaching a copy on any notice boards at the
registered address of the First Respondent to which employees have access, or should, such an employee not have
access to such premises, by attaching copy to the entrance gate alternatively to the main door of such premises.
7. That cost of this Application are to be costs in the liquidation.
Waldick Inc Attorneys, 58 Lyttelton Road, Clubview, Centurion. E-mail: sean@waldickinc.co.za. Tel: (012)
643-0004.
Date Submitted: 2024-03-12.
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Case No: 2023-083951
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-08-28, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A Red Nissan 1400 Champ pick-up, with registration number FTR 254 GP, VIN/chassis number
ADNB010000A416418, engine number A14S194120F seized members of the South African Police Service on 09 July
2015 undercase docket number Haartbeespoort dam CAS 58/07/2015 and held at Jericho Police Pound with reference
SAP 13/81/2017..
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
(Gauteng Division, Pretoria) on 28 August 2023 in case number 2023-083951 in relation to: 1. A Red Nissan 1400
Champ pick-up, with registration number FTR 254 GP, VIN/chassis number ADNB010000A416418 and engine number
A14S194120F seized by members of the South African Police Service on 09 July 2015 under case docket
Hartbeespoort dam CAS 58/07/2015 and held at Jericho Police Pound with reference SAP 13/81/2017 (a copy of the
application and order can be obtained from the person mentioned in par 9 hereunder.)
This notice is addressed to: 1) TY Gefore, whose last known address is number 302 Clarence Street, Yeoville,
Johannesburg, Gauteng Province and 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 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;
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
This gazette is also available free online at www.gpwonline.co.za
30 No. 50319 GOVERNMENT GAZETTE, 22 March 2024