Fundile Eric Jika
Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?
- Party
- Fundile Eric Jika
- ID / Reg no
- 2017/666920/07
- Date
- 2024-07-23
Case
- Court
- GAUTENG DIVISION, PRETORIA
Parties addressed
- Fundile Eric Jika
Asset description
re: A NP300 Hardbody with registration number JWC 685 EC which is an instrumentality of in an offence and was seized by SAPS in Molteno on 2 March 2023 and is held under Molteno CAS 02/03 /2023 (a copy of which can be obtained from the person motioned in par 9 hereunder).
Identifiers
- Company regs
- 2017/666920/07, 2020/881847/07
From the gazette
MAKHANDA, 2024-07-23, Before Acting Justice NOBATANA
In the ex parte application of: The National Director of Public Prosecutions
In re: I: In relation ;In re: NP300 Hardbody with registration number JWC 685 EC which is an instrumentality of in an
offence and was seized by SAPS in Molteno on 2 March 2023 and is held under Molteno CAS 02/03 /2023 (a copy of
which can be obtained from the person motioned in par 9 hereunder.
annexure a
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
The National Director of Public Prosecutions obtained a preservation of property order in the High Court of
South Africa (Eastern Cape Division Makhanda) on 23 July 2024 in case number 2952 /2024, in relation to: re: A
NP300 Hardbody with registration number JWC 685 EC which is an instrumentality of in an offence and was seized by
SAPS in Molteno on 2 March 2023 and is held under Molteno CAS 02/03 /2023 (a copy of which can be obtained from
the person motioned in par 9 hereunder).
This notice is addressed to Fundile Eric Jika and all other persons who may have an interest in the property
described above.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 30 Augustus 2024 No. 51129 35
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.
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: STATE
ATTORNEY EAST LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za.
ASANDA SAKASA, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127. Tel: (0437065100. E-
mail: ASakasa@npa.gov.za.
Date Submitted: 2024-08-21.
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Case No: 2024-029659
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Pretoria, 2024-07-30, BEFORE THE HONOURABLE JUDGE -BAQWA
In the Application of: KOJO INVESTMENTS (PTY) LTD t/a ACSU SECURITY, Registration number:
2020/881847/07, Applicant and ISISEKELO ENGINEERING SERVICES (PTY) LTD, Registration number:
2017/666920/07, Respondent
ORDER FOR PROVISIONAL WINDING-UP
Having read the documents filed of record and having heard counsel, the following order is hereby granted:
1. The Respondent is placed under provisional winding-up.
2. The Respondent and / or any party who wishes to avoid such an order being made final are called upon to advance
the reasons, if any, why the Court should not grant a final order of sequestration of the Respondent on 17 SEPTEMBER
2024 at 10:00 or as soon thereafter as the matter may be heard.
3. This order be served on the Respondent by way of Sheriff at the Respondent's registered address.
4. A copy of this order be forwarded to each known creditor of the Respondent by way of prepaid registered post.
5. The costs of this application be costs in the liquidation.
BY ORDER OF THE COURT - THE REGISTRAR
Counsel for the applicant: Adv Martin van Ryneveld, Club Advocates' Chambers, martinvr@clubadvocates.co.za.
This gazette is also available free online at www.gpwonline.co.za
36 No. 51129 GOVERNMENT GAZETTE, 30 August 2024