Notice

Court order seizes property linked to crime · Published 2024-04-26 · What is a POCA?

ID / Reg no
2016/015064/07

Case

Case number
2569/2024
Court
Western Cape Local

Asset description

a Mercedes Bence motor vehicle with registration number CY 222 940 that was seized by members of the South African Police Service on 26 April 2023. (A copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Company regs
2016/015064/07

From the gazette

 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, 1998 in the High Court of South Africa (Western Cape Local
 Division, Cape Town) on 19 March 2024 ¬¬ under case number 2569/2024 in relation to a Mercedes Bence motor
 vehicle with registration number CY 222 940 that was seized by members of the South African Police Service on 26
 April 2023. (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.

                                This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 26 April 2024                                        No. 50568   57

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 later.
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 X9001, Cape Town, 8000. Tel: (021) 441 9200/ 021 441 9284 and Fax:
(021) 421 9364. Email: zkarjiker@justice.gov.za
                                                   ----------oo0oo----------
                                                                              Case No: 2023-099362
                                   IN THE HIGH COURT OF SOUTH AFRICA
                                       (GAUTENG DIVISION, PRETORIA)
             PRETORIA, GAUTENG PROVINCE, 2023-10-17, HONOURABLE JUSTICE MBONGWE J
In the matter between: HELENA JANNETHA PRETORIUS N.O., DEON MARIUS BOTHA N.O., (In their capacities,
nomino officio, as the duly appointed liquidators of KINDRED SOLUTIONS (PTY) LTD (in liquidation)
Registration Number: 2016/015064/07, Applicant, and TANYA ROETS (IDENTITY NUMBER: 820107 0045 08 9)
(Divorced - Previously married in community of property), Respondent

This Order is made an Order of Court by the Judge whose name is reflected hereon, duly stamped by the Registrar of
the Court and is submitted electronically to the parties or their legal representatives by e-mail. This order is further
uploaded to the electronic file of this matter on Case Lines by the Judge and/or his Secretary. The date of this order is
deemed to be 15 FEBRUARY 2024
DRAFT ORDER
After having read the papers and hearing filed on record, and hearing counsel on behalf of the Applicant, the following
is made an Order of Court: -

1. That the matter is removed from the unopposed roll.
2. That the rule nisi granted by the Honourable Justice Holland - Muter J on 17 October 2023 is hereby extended to
the date of 27 May 2024.
3. The Respondent is order to pay the wasted costs occasioned by the postponement.
BY ORDER OF THE COURT
REGISTRAR
COUNSEL FOR THE APPLICANT: ADV. C OPPERMAN
TEL: 082 576 4438
EMAIL: christianopperman@outlook.com

                                This gazette is also available free online at www.gpwonline.co.za
58  No. 50568                          GOVERNMENT GAZETTE, 26 April 2024

Source