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
2009/141208/23
Date
2024-07-23

Case

Case number
29521/2024
Court
WESTERN CAPE DIVISION, CAPE TOWN

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.

Identifiers

Company regs
2009/141208/23

From the gazette

         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. Tel: 9 0114503084. E-mail:
 Kleynhans@sesi.co.za.
         Date Submitted: 2024-08-20.
                                                    ----------oo0oo----------
                                                                                                      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.
           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:

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 30 Augustus 2024                                         No. 51129   87

       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.        E-mail:
ASakasa@npa.gov.za. Tel: (043) 706-5100.
       Date Submitted: 2024-08-21.
                                                   ----------oo0oo----------
                                                                                                       Case No: 15081/2024
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                        (WESTERN CAPE DIVISION, CAPE TOWN)
                       CAPE TOWN, 2024-08-05, HONOURABLE Ms ACTING JUSTICE VAN ZYL
In the matter between: MICHAEL DELROY GAMMIE N.O., FIRST APPLICANT; ALLAN JAMES FLYNN MUNDELL
N.O., SECOND APPLICANT; RONALD JOHAN TAMBOER N.O., THIRD APPLICANT (in their capacities as
Trustees of the Oxmont Trust, IT2092/2004(N)) and BEEF CAKES CLOSE CORPORATION, REGISTRATION NO.
2009/141208/23 – RESPONDENT
In re: MICHAEL DELROY GAMMIE N.O. - FIRST APPLICANT; ALLAN JAMES FLYNN MUNDELL N.O. - SECOND
APPLICANT; RONALD JOHAN TAMBOER N.O. - THIRD APPLICANT (in their capacities as Trustees of the Oxmont
Trust, IT2092/2004(N)); BEEF CAKES CLOSE CORPORATION, REGISTRATION NO. 2009/141208/23 –
RESPONDENT.
          HAVING heard the papers filed of record, and having heard the Counsel for the applicants, it is ordered that -
          1. The Respondent is placed under an order of provisional liquidation in the hands of the Master of the High
Court, Cape Town, Western Cape.
          2. A rule nisi is issued calling upon all interested persons to show cause, if any, on 7 OCTOBER 2024 as to
why -
          2.1 A final order of liquidation should not be granted;
          2.2 The costs of this application should not be costs in the winding up of the Respondent.
          3. The provisional winding up Order is to be served as follows:
          3.1 By the Sheriff of this Court on -
          3.1.1 the respondent at its registered address at 89 Roodebloem Road, Woodstock, Cape Town, Western
Cape and also at its principal place of business at Sovereign Quay, 40 Somerset Road, Green Point, Cape Town,
Western Cape.
          3.1.2 the South African Revenue Services
          3.1.3 the employees of the respondent and any trade union (s) which may represent them by affixing a copy
in place of prominence to which the employees and/or trade unions shall have access at the principal place of the
respondent's business at Sovereign Quay, 40 Somerset Road, Green Point, Cape Town, Western Cape.
          3.2 By one publication in one edition each of "Die Burger" and "Cape Times" newspapers.
          4. The Registrar is directed to transmit a copy of this order to the Sheriff of the province in which the registered
office of the respondent is situate and to the Sheriff of every province in which it appears that the respondent owns
business.
          5. The Sheriff is directed to attach all property which appears to belong to the respondent and transmit to the
Master an inventory of all property attached by him or her in terms of section 19 of the Insolvency Act, 24 of 1936.
          GRANT & SWANEPOEL ATTORNEYS INCORPORATED, SUITE 1, THE MEWS, REDLANDS ESTATE, 1
GEORGE MACFARLANE LANE, PIETERMARITZBURG, 3201. E-mail: michael@gsalaw.co.za. Tel: (033) 342-0375.
          Date Submitted: 2024-08-23.
                                                   ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
88  No. 51129                         GOVERNMENT GAZETTE, 30 August 2024

Source