Shabir Shah and Kashif Ali of Unit 6 Magalieshof, Zendeling Street, Rustenburg

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

Party
Shabir Shah and Kashif Ali of Unit 6 Magalieshof, Zendeling Street, Rustenburg
ID / Reg no
4054522787
Date
2024-02-01

Case

Case number
299/2024
Court
GAUTENG DIVISION, JOHANNESBURG

Parties addressed

  • Shabir Shah and Kashif Ali of Unit 6 Magalieshof, Zendeling Street, Rustenburg

Asset description

1. The sum of R210 000 in cash seized by members of the South African Police Service in Rustenburg on 1 February 2023, currently held in the SAPS ABSA suspense account 4054522787 under reference number SAPS 13 150/23CAS25/02/23, taking number 152554483 and Rustenburg CAS 25/02/2023. 2. A White BMW 520 Sedan with vehicle register number VBR774W, Licence number KLC229NW, Chassis number WBA5C32090D635218 and engine number 90228889 (a copy of the application and order can be obtained from the person

Identifiers

Accounts
4054522787

From the gazette

            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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
 Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2.
                                                   ----------oo0oo----------
                                                                                          Case No: 299/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION,MAHIKENG)
                 MMABATHO, 2024-01-02, BEFORE THE HONOURABLE MADAM JUSTICE REID J
 In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: 1.The sum of R210 000 in cash seized by members of the South African Police Service in Rustenburg on
 1 February 2023, currently held in the SAPS ABSA suspense account 4054522787 under reference number
 SAPS 13 150/23CAS25/02/23, taking number 152554483 and Rustenburg CAS 25/02/2023.
    2. A White BMW 520 Sedan with vehicle register number VBR774W, Licence number KLC229NW, Chassis
                           number WBA5C32090D635218 and engine number 90228889
   AN APPLICATION IN TERMS OF SECTION 38(1) 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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
 West Division, Mahikeng) on 01 February 2024 in case number 299/2024 in relation to:

           1. The sum of R210 000 in cash seized by members of the South African Police Service in Rustenburg on 1
 February 2023, currently held in the SAPS ABSA suspense account 4054522787 under reference number SAPS 13
 150/23CAS25/02/23, taking number 152554483 and Rustenburg CAS 25/02/2023.
          2. A White BMW 520 Sedan with vehicle register number VBR774W, Licence number KLC229NW, Chassis
 number WBA5C32090D635218 and engine number 90228889 (a copy of the application and order can be obtained
 from the person mentioned in par 9 hereunder).

         This notice is addressed to Shabir Shah and Kashif Ali of Unit 6 Magalieshof, Zendeling Street, Rustenburg
 and any other persons who may have an interest in the property described above.

                                This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 19 April 2024                                         No. 50531   39

           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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2.
                                                   ----------oo0oo----------
                                                                                                    Case No: 2024/021652
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                     (GAUTENG DIVISION, JOHANNESBURG)
         JOHANNESBURG, 2024-03-07, BEFORE THE HONOURABLE JUSTICE TWALA J, in CHAMBERS
     In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R10 000 in cash seized from Sphiwe John Ntuli by the SAPS on 6 June 2022 and held under
                                             Tembisa CAS 123/06/2022
   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)

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