Siyabulela Mbane

Court order seizes property linked to crime · Published 2024-04-19 · What is a POCA?

Party
Siyabulela Mbane
ID / Reg no
WAUZZZ8K6AA114794
Date
2024-03-26

Case

Case number
229/24
Court
WESTERN CAPE DIVISION, CAPE TOWN

Parties addressed

  • Siyabulela Mbane

Asset description

A 2010 Audi A4 sedan with registration number JNN 001 EC and Chassis/VIN WAUZZZ8K6AA114794 which is an instrumentality of murder, was seized on 5 August 2022 and is held under Whittlesea CAS 13/08/2022 (a copy of which can be obtained from the person motioned in par 9 hereunder.)

Identifiers

VINs
WAUZZZ8K6AA114794

From the gazette

          TO: THE REGISTRAR OF THE HIGH COURT,
          MPUMALANGA DIVISION, MBOMBELA.
                                                   ----------oo0oo----------
                                                                                                        Case No: 229/2024
                                                                                                             041-585 7921
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                           (Eastern Cape Division, Bhisho)
                                   Bhisho, 2024-03-26, Before Acting Justice Ncalo
              In the ex parte application of: The National Director of Public Prosecutions, Applicant
 In re: I: In relation to: A 2010 Audi A4 sedan with registration number JNN 001 EC and Chassis/VIN
 WAUZZZ8K6AA114794 which is an instrumentality of murder, was seized on 5 August 2022 and is held under
 Whittlesea CAS 13/08/2022 (a copy of which can be obtained from the person motioned in par 9 hereunder.)
                                                     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 (Bhisho Court) on 26 March 2024 in case number 229/24 in relation to: A 2010 Audi A4 sedan with
 registration number JNN 001 EC and Chassis/VIN WAUZZZ8K6AA114794 which is an instrumentality of murder, was
 seized on 5 August 2022 and is held under Whittlesea CAS 13/08/2022 (a copy of which can be obtained from the
 person motioned in par 9 hereunder.)

           This notice is addressed to Siyabulela Mbane 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 19 April 2024                                       No. 50531   23

          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:
                STATE ATTORNEY EAST LONDON// BHISHO
          17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za
                                                   ----------oo0oo----------
                                                                                              Case No: 2304/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                    (WESTERN CAPE DIVISION, CAPE TOWN)
                  WESTERN CAPE, 2024-03-06, HONOURABLE JUDGE MS JUSTICE SLINGERS
      In the matter between: KAAP AGRI BEDRYF LTD, Applicant, and HERMAN VISSER CC, Respondent
          Having heard Counsel for the Applicant and having read the documents filed of record, an order is made in
the following terms:

                                                IT IS ORDERED;
         1. The Respondent is placed under provisional liquidation.

          2. A Rule Nisi is issued calling upon the Respondent and all interested parties to show cause, if any, to the
above Honourable Court on 06 May 2024 at 10h00, or as soon thereafter as Counsel may be heard, why an Order in
the following terms should not be granted:

         2.1. The Respondent is finally liquidated.

         2.2. Directing that the costs of this application be costs in the liquidation.

             2.3. Further and/or alternative relief be granted to the Applicant.

             3. Service of this Order shall be effected as follows:

         3.1. by the Sheriff of this Court on the Respondent at its registered address ("the premises");

          3.2. by the Sheriff of this Court on the employees of the Respondent (if any) by affixing a copy of the Order to
any notice board to which the employees have access inside the premises or by affixing a copy to the front gate or front
door of the premises;

         3.3. by the Sheriff of this Court on every trade union that, as far as the Applicant can ascertain, represents
any of the Respondent's employees, by affixing a copy of the Order to the notice board to which the employees have
access inside the premises or by affixing a copy to the front gate or front door of the premises;

                               This gazette is also available free online at www.gpwonline.co.za
24  No. 50531                           GOVERNMENT GAZETTE, 19 April 2024

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