Siboniso Dominik Shabangu

Court order seizes property linked to crime · Published 2024-06-07 · What is a POCA?

Party
Siboniso Dominik Shabangu
ID / Reg no
6401195086081
Date
2024-05-06

Case

Case number
2024/046917
Court
Gauteng Division, Johannesburg

Parties addressed

  • Siboniso Dominik Shabangu

Asset description

The sum of R7000 in cash kept by South African Police Service and held under South African Police Service criminal case docket reference number: Sandton CAS 635/02/2024 and SAP13 reference number 175/2024, taking number: 171478517 and purpose receipt number:30698244.

From the gazette

 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)

                                This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 7 Junie 2024                                         No. 50763   33

          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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa
(Gauteng Division, Johannesburg) on 6 May 2024 in case number 2024/046917, in relation to:
          The sum of R7000 in cash kept by South African Police Service and held under South African Police Service
criminal case docket reference number: Sandton CAS 635/02/2024 and SAP13 reference number 175/2024, taking
number: 171478517 and purpose receipt number:30698244.
          This notice is addressed to Siboniso Dominik Shabangu and all persons who may have an interest the sum
of R7000 in cash kept by South African Police Service and held under South African Police Service criminal case docket
reference number: Sandton CAS 635/02/2024 and SAP13 reference number 175/2024, taking number: 171478517
and purpose receipt number:30698244 (“the property”).
          TAKE NOTICE THAT:
          1. The National Director of Public Prosecutions has obtained a preservation order (the order) a copy of which
is attached to this notice, in terms of section 38(1) of the Preservation of Organised Crime Act 121 of 1998 (the POCA)
in respect of the property.
          2. If you have an interest in the property, you must understand that it is now at risk. You will be well advised
to obtain legal advice on whether your interest can be protected, if so how to protect it.
          3. You are advised that the National Director of Public Prosecutions will, within 90 days of the publication of
this notice, apply to the High Court under section 48 of the POCA, for an order declaring the property forfeited to the
state. The order will remain in force until the application for forfeiture order is finalised, and until any forfeiture order
that is made final.
          4. If you intend opposing the application for forfeiture, or if you intend applying for an order excluding your
interest from the property, you must enter an appearance in terms of section 39(1), (4), and (5) of the POCA.
          5. If you enter an appearance in terms of the order, you will be entitled to be given 14 days' notice by the
applicant of the application for a forfeiture order in respect of the property.
          6. If you fail to enter an appearance, the court may grant an order forfeiting the property to the state by
default under section 53 of POCA.
          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.
          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: STATE ATTORNEY,
Applicant's attorneys, 10th Floor, North State Building, 99 Albertina Sisulu Street, JOHANNESBURG. Tel: 011 220
4087. E-mail: MeMahloko@npa.gov.za. Ref: P14- M Mahloko /P14 Shabangu S.

          National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg. E-mail: MeMahloko@npa.gov.za. Tel: (011) 220-4087.
          Date Submitted: 2024-05-27.
                                                   ----------oo0oo----------
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, PRETORIA)
                            PRETORIA, 2024-05-02, HONOURABLE JUDGE MOGAGABE
                   In the matter between: VILJOEN EQUIPMENT MANAGEMENT PTY LTD and
                                        GERHARD VILJOEN (6401195086081)
         In re: PROVISIONAL SEQUESTRATION COURT ORDER OBTAINED ON 2 MAY 2024.
         1. The estate of the Respondent is placed under provisional sequestration in the hands of the Master of the
High Court with a return date being 9 July 2024.
         2. That a copy of this Court Order be served on the Respondent and be published in the Government Gazette
and in one local newspaper.

                                This gazette is also available free online at www.gpwonline.co.za
34  No. 50763                           GOVERNMENT GAZETTE, 7 June 2024

Source