Fundile Eric Jika
Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?
- Party
- Fundile Eric Jika
- Date
- 2024-07-23
Case
- Case number
- 29521/2024
Parties addressed
- Fundile Eric Jika
Asset description
re: A Dodge Journey with registration number JWC 681 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 35/03 /2023 (a copy of which can be obtained from the person motioned in par 9 hereunder).
From the gazette
3.3 the Respondent's employees, if any, by affixing a copy of the order and application to any notice board to
which the employees have access inside the Respondent's premises, or if there is no access to the premises by the
employees, by affixing a copy to the front gate, where applicable, failing which to the front door of the premises from
which the Respondent conducted any business at the time of the presentation of the application papers.
4. A copy of the provisional liquidation order be delivered on:
4.1 the South African Revenue Services, Mpumalanga, Witbank (Emalahleni Branch); and
4.2 the Master of the High Court, Mpumalanga.
5. A copy of the provisional liquidation order be published in the Government Gazette and one national
newspaper.
6. The costs of this application be costs in the liquidation.
BY ORDER OF THE COURT.
SENEKAL SIMMONDS INC, 19 RILEY ROAD, BEDFORDVIEW, 2008. E-mail: Kleynhans@sesi.co.za. Tel:
(011) 450-3084.
Date Submitted: 2024-08-20.
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Case No: 2951/2024
P/H or Docex Nr: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, MAKHANDA)
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: Dodge Journey with registration number JWC 681 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 35/03 /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 29521/2024 in relation to: re: A
Dodge Journey with registration number JWC 681 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 35/03 /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.
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.
This gazette is also available free online at www.gpwonline.co.za
64 No. 51129 GOVERNMENT GAZETTE, 30 August 2024