Notice

Court order seizes property linked to crime · Published 2024-04-12 · What is a POCA?

ID / Reg no
2007/238177/23
Date
2024-02-13

Case

Case number
2024-011846
Court
Gauteng

Identifiers

Company regs
2007/238177/23

From the gazette

                                                                                                        Case No: 2024-011846
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                                   (Gauteng Division, Pretoria)
                               Pretoria, 2023-02-13, The Honorable Justice Ledwaba in chambers
                                                    In the matter between: -
            In re: Cash amount R 73 560.00 seized by members of the South African Police Service under Garsfontein
 Cas 309/12/2020, held at SAP 13/1983/21 suspense account with taking number 124644619.
 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 February 2024 in case number 2024-011846 In re: ACash amount R 73 560.00 seized by
 members of the South African Police Service under Garsfontein Cas 309/12/2020, held at SAP 13/1983/21 suspense
 account with taking number 124644619.
             (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder). This
 notice is addressed to Qui Ping Chao and JI Qiu Chao both their last known address is at No.132,Observatory drive,
 Woodhill Estate,Garsfontein, Pretoria.
            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 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. E-mail: kkgaphola@justice.gov.za
 and or Clay Sibiya at the VGM Building, 123 Westlake Ave ,Weavind Park, Silverton. His contact details are as follows
 Tel: 012 845 6368. Email: ClSibiya@npa.gov.za.
            National Prosecuting Authority (Order no: (030378), 123 WESTLAKE AVENUE, WEAVIND PARK,
 SILVERTON. Tel: (012) 845-6368. E-mail: ClSibiya@npa.gov.za.
            Date Submitted: 2024-04-02.
                                                    ----------oo0oo----------

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 12 April 2024                                        No. 50456   49

                                                                                                 Case No: D13852/2023
                                                                                           P/H or Docex No. 91, Durban
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                    (KWAZULU-NATAL LOCAL DIVISION, DURBAN)
                              Durban, 2024-02-20, Honourable Acting Justice Mpontshana
           In the matter between: The Standard Bank of South Africa Limited and Garmin Electrical CC
                                                (Reg No: 2007/238177/23)
                                                           It is ordered:
          1. GARMIN ELECTRICAL CC (hereinafter called “the Respondent”) and all other interested parties are called
upon to show cause, if any, before this court on the 24th day of April 2024 at 09h30 in the forenoon or as soon thereafter
as counsel may be heard, why the Respondent should not be wound up
          2. This Order shall operate as an order provisionally winding up the Respondent
          3. A copy of this order shall be served upon:-
          (a) The South African Revenue Services; and
          (b) the Respondent at its registered address at 155 Aberdare Drive, Phoenix Industrial Park, KwaZulu-Natal
and at its place of business address at 41 Aberdare Drive, Phoenix Industrial Park, KwaZulu-Natal.
          4. This Order shall be published on or before 25th day of April 2024, once in the Government Gazette and
once in a daily newspaper published in Durban and circulating in KwaZulu-Natal
          Shepstone & Wylie, 24 Richefond Circle, Ridgeside Office Park, Umhlanga Rocks. Tel: (031) 575-7525. E-
mail: nerissa.pillay@wylie.co.za.
          Date Submitted: 2024-03-13.
                                                  ----------oo0oo----------
                                                                                                     Case No: 9204/2023
                                         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 and Imeraan Ignatius Dyason
                                                         Respondent
          In re: In re: Application in terms of section 48 of the Prevention of Organised Crime Act, 121 of 1998 for the
forfeiture of R28 080 in cash.
                                                   In the high court of South Africa
                                                 (Western Cape divison, cape Town)
                                              Cape Town: On Tuesday, 23 January 2024
                                          Before the Honourable Ms Acting Justice Andrews
                                                                                                     Case No: 9204/2023
          In the application of: The National Director of Public Prosecutions Applicant And Imeraan Ignatius Dyason,
Respondent
          In re: Application in terms of section 48 of the Prevention of Organised Crime Act, 121 of 1998 for the forfeiture
of R28 080 in cash
          order
          Having read the documents filed of record, having heard counsel for the applicant and having considered the
matter,
Box 30, State Attorney, Cape Town. Zaheer Karjiker. E-mail: ZKarjiker@justice.gov.za & Tel: (021) 441 9200,
                                                          It is hereby Ordered:
          1. An order is granted in terms of the provisions of section 53 of the Prevention of Organised Crime Act 121
of 1998 (the POCA) declaring forfeit to the state R28 080 in cash (the property), which is presently subject to a
preservation of property order granted by this honourable court under the above case number on 18 July 2023.

          2. In terms of section 50(6) of the POCA, read with section 54(1) thereof, that is after 45-calender days after
government gazette publication referred to in paragraph 3 hereof, Captain Cornay du Plessis of the SAPS or any
responsible member of the SAPS acting in her stead who is in control of the SAPS bank account number 4054522787
held at ABSA bank where the cash has been deposited, is authorised and directed to cause the cash to be paid into

                               This gazette is also available free online at www.gpwonline.co.za
50  No. 50456                          GOVERNMENT GAZETTE, 12 April 2024

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