Notice

Court order seizes property linked to crime · Published 2024-05-10 · What is a POCA?

ID / Reg no
2010/114301/23
Date
2024-03-25

Case

Case number
3493/2024
Court
Western Cape Division, Cape Town

Asset description

property described as R37 500 in cash seized by members of the South African Police Service on 11 July 2023. (a copy of the application and order can be obtained from the person mentioned in paragraph 9 hereunder).

Identifiers

Company regs
2010/114301/23

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, No. 121 of 1998 in the High Court of South Africa
 (Western Cape Division, Cape Town) on 25 March 2024 in case number 3493/2024 in relation to: property described
 as R37 500 in cash seized by members of the South African Police Service on 11 July 2023. (a copy of the application
 and order can be obtained from the person mentioned in paragraph 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.
            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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                               STAATSKOERANT, 10 Mei 2024                                   No. 50626   33

         The State Attorney: Mr Z Karjiker,
         5th Floor
         22 Long Street
         CAPE TOWN

         His contact details are as follows:
         Tel: (021) 441 9301
         Email: ZKarjiker@justice.gov.za
                                                  ----------oo0oo----------
                                                                                                   Case No: 2023-036257
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                           (Gauteng Division, Pretoria)
                                Pretoria, 2024-03-14, Honourable Justice Basson
    In the matter between: GENFIN (PTY) LTD, Applicant, and BAILBROOK CONSULTING 1 CC, REG NO:
                                          2010/114301/23, Respondent
                                          Provisional Liquidation Order
         Having heard counsel for the applicant and having read the notice of motion and other documents filed of
record

          1. The Respondent's estate is hereby placed under provisional liquidation.
          2. A rule nisi is issued calling upon the Respondents and all persons concerned to show cause, if any, to this
Court on 24 May 2024 why the Respondent's state should not be finally liquidated and the costs of the application be
costs in the liquidation.
          3. A copy of this order is to be:
             3.1 Served on the Respondent, their employees and any possible Trade Unions representing such
employees;
             3.2 Be published in the Government Gazette and 'the Star' newspaper;
             3.3 Served on the South Africa Revenue Service and the Master of the High Court;
           4. Costs of the application shall be costs in the liquidation.
                                                  ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
 34  No. 50626                         GOVERNMENT GAZETTE, 10 May 2024

Source