Notice

Court order seizes property linked to crime · Published 2024-10-04 · What is a POCA?

Date
2024-09-10

Case

Case number
18105/2024
Court
Western

Asset description

a white Volvo XC60 vehicle with registration CA603 768 seized by members of the South African Police Service on 25 August 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

                                                                                              Case No: 3618/2021
                                      IN THE HIGH COURT OF SOUTH AFRICA
                             [MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT)]
                      MIDDELBURG, 2024-09-02, THE HONOURABLE JUSTICE MANKGE J
       In the matter between: OMEGA STAAL & BETON CC and ALRUCO EARTHMOVING (PTY) LTD
                                                        IT IS ORDERED:
          1. That a provisional liquidation order granted on 5 December 2022 be extended to 28 October 2024.
          2. That this Respondent, and all other interested parties, are called upon to show cause on or before the
return date hereof, why this order should not be made final.
          3. That this interim order be served upon the Respondent at its registered address by way of sheriff.
          4. That this order be served upon the Master of the High Court and the South African Revenue Service
by way of filing notice, by hand.
          5. That this interim order be served upon the employees of the Respondent, if any, by affixing a copy of
this order against the principle door or gate of the premises of the Respondent, at the Respondent's registered
address, by way of the sheriff.
          6. That this order be published once in the Government Gazette, before the return date.
          7. That the costs of this application be costs in the liquidation.
          BY ORDER. - REGISTRAR.
          Payne Attorneys, 072 6036 459, C/O WYNAND PRINSLOO & VAN EEDEN.
          Payne Steynberg Inc, 125 Dallas Avenue, 7th Floor, Menlyn Central Towers. E-mail: peter@psilaw.co.za.
Tel: (012) 008-0440.
          Date Submitted: 2024-09-24.
                                                ----------oo0oo----------
                                                                                                   Case No: 18105/2024
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                      (WESTERN CAPE DIVISION, CAPE TOWN)
                          CAPE TOWN, 2024-09-10, Before the Honourable Ms Justice Fortuin
                In the matter between: The National Director of Public Prosecutions, Applicant
          In re: In re: Application in terms of section 38 of the Prevention of Organised Crime Act, 1998 for a
preservation of property in respect of a white, Volvo XC60 with registration number CA 603 768 as seized by
members of the South African Police Service on 25 August 2021.
                                                            ANNEXURE A
              NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 1998
                                                           (POCA)
          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 Organised Crime Act, 1998 in the High Court of South Africa (Western
Cape Division, Cape Town) on 10 September 2024 under case number 18105/2024, in relation to a white Volvo
XC60 vehicle with registration CA603 768 seized by members of the South African Police Service on 25 August
2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to all persons who may have an interest in the property described above.
          Take notice that:
          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.
          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.
          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 and must be delivered to the office of the
State Attorney at the address mentioned in paragraph 9, below.
          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.
          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.
          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

                             This gazette is also available free online at www.gpwonline.co.za
20  No. 51332                        GOVERNMENT GAZETTE, 4 October 2024

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