Moeketsi Ntshasa, Integrated Investment Inn (Pty) Ltd, Mahommed Amir Haroon, Sana

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

Party
Moeketsi Ntshasa, Integrated Investment Inn (Pty) Ltd, Mahommed Amir Haroon, Sana

Case

Court
Gauteng Division, Johannesburg

Parties addressed

  • Moeketsi Ntshasa, Integrated Investment Inn (Pty) Ltd, Mahommed Amir Haroon, Sana

From the gazette

 Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
 This notice is addressed to Moeketsi Ntshasa, Integrated Investment Inn (Pty) Ltd, Mahommed Amir Haroon, Sana
 Amir Haroon and all other persons who may have an interest in the property described as Erf 1518 situated at 8 Mpuru
 Crescent (the property):
 Take notice that:
 1 The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
 order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property.
 2 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 17 Mei 2024                                          No. 50666   35

3 You are notified that the National Director of Public Prosecutions will, within 90 days of publication of this notice, apply
to the High Court under section 48 of the POCA for an order declaring the property forfeit to the state. The order will
remain in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied.
4 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.
5 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 4 above.
6 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.
7 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.
8 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.
9 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.
10 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
Applicant's Attorneys
11th floor
Fedsure Building
49 Charlotte Maxeke Street
BLOEMFONTEIN
Tel: 051 400 4300
Any correspondence or other enquiries must also be directed to this address or contact number.
                                                   ----------oo0oo----------
                                                                                                 Case No: 2023-126710
                                                                                        Gauteng Division, Johannesburg
                                  IN THE HIGH COURT OF SOUTH AFRICA
                                      (Gauteng Division, Johannesburg)
                     Johannesburg, 2024-04-25, Honourable Acting Judge Nthambeleni AJ
In the matter between: CAPITEC BANK LIMITED, Applicant and HEINRICH GILDENHUYS(Identity Number:
710409 5032 085; Date of Birth: 9 April 1971; Married out of community of property to Carli Gildenhuys with
Identity Number: 780730 0107 084), Respondents
                    HAVING read the papers filed of record and having considered the matter

1. The estate of the respondent is hereby placed under provisional sequestration in the hands of the Master of this
Court.

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

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