Notice

Court order seizes property linked to crime · Published 2024-05-17 · What is a POCA?

Date
2024-03-20

Case

Case number
3385/2024
Court
Western Cape Local

Asset description

a Toyota Corolla Quest with registration number HY32WCGP as seized by members of the South African Police Service on 3 February 2022 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

          1. That the Respondent's estate be Provisionally Sequestrated and placed in the hands of the Master of the
 High Court of South Africa, Gauteng Division, Pretoria with a return date of 14 JUNE 2024, as the date that the
 Respondent is requested to state why such an order should not be made final.
          2. That this order be served on the Respondent Personally, as well as a copy hereof on SARS and the Master
 of the High Court.
          3. That this order be advertised once in the Citizen Newspaper and Government Gazette.
                                                  ----------oo0oo----------
                                                                                               Case No: 3385/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                    (WESTERN CAPE DIVISION, CAPE TOWN)
          CAPE TOWN, 2024-03-20, Before the Honourable Ms Acting Justice Dlamini-Smit, Applicant
         In re: In re: Application for a preservation of property order in terms of Section 38 of the Prevention of
 Organised Crime Act, 1998 in respect of a Toyota Corolla Quest with registration number HY32WCGP on 3 February
 2022

 Annexure A
 NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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 20 March 2024 under case number 3385/2024 in relation to a Toyota Corolla Quest with
 registration number HY32WCGP as seized by members of the South African Police Service on 3 February 2022 (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:

 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.
 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.
 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 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.
 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.
 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 17 Mei 2024                                         No. 50666   27

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 POCA.
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.
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.
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, 22 Long Street, Cape Town.
His contact details are as follows: Private Bag X9001, Cape Town, 8000.
Tel: (021) 441 9200/ 021 441 9284
Email: zkarjiker@justice.gov.za
                                                   ----------oo0oo----------
                                                                                   Case No: 2023-020892
                                  IN THE HIGH COURT OF SOUTH AFRICA
                               (GAUTENG LOCAL DIVISION, JOHANNESBURG)
                        JOHANNESBURG, 2024-03-26, Before the Honorable Judge Adams
       In the matter between: BIDVEST BANK LIMITED, APPLICANT and EQ EMPORIUM (PTY) LIMITED,
                                               RESPONDENT
                                        In re: Provisional Liquidation

HAVING read the documents filed of record and having considered that matter:-

1. The respondent be and is hereby placed under provisional winding-up in the hands of the Master of the High Court
of South Africa.
2. All persons who have a legitimate interest are called upon to put forward their reasons why this court should not
order the final winding up of the respondent on Monday, 10 June 2024, at 10:00 am or so soon thereafter as the matter
may be heard.
3. A copy of this order shall be served by the Sheriff of this Court on the respondent at its registered office.
4. A copy of this order shall be published forthwith once in the Government Gazette.
5. A copy of this order shall be forthwith forwarded to each known creditor by electronically receipted telefax
transmission or by electronically receipted email.
6. A copy of this provisional winding-up order must be served on: -
a) Every trade union or trade union representative who represents any and/or all of the employees of the respondent;
b) The employees of the respondent by affixing a copy of the application to any notice board to which the employees
have access inside the respondent's business premises and/or principal place of business, or if there is no access to
the premises or to the principal place of business by the employees, by affixing a copy to the front gate, where
applicable, failing which to the front door of the premises or the place of business from which the respondent conducted
any business at the time of the presentation of the application;
c) The South African Revenue Service; and
d) The respondent.
7. The costs of this application shall be costs in the winding-up of the respondent.
                                                     ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
28  No. 50666                            GOVERNMENT GAZETTE, 17 May 2024

Source