Notice
Court order seizes property linked to crime · Published 2024-11-22 · What is a POCA?
- Date
- 2024-10-24
Case
- Case number
- 22405/2024
- Court
- Western Cape Division, Cape Town
Asset description
a R39 483,60 in cash seized by members of the South African Police Service on 21 May 2019. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
WESTERN CAPE / WES-KAAP
Case No: 22405/2024
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2024-10-24, Before the Honourable Ms Acting Justice Andrews
In the matter between: The National Director of Public Prosecutions Applicant, Applicant
In re: In re: R39 483,60 in cash seized by members of the South African Police Service An application for a
preservation of property order 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)
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, No. 121 of 1998 in the High Court of South Africa
( Western Cape Division, Cape Town) on 24 October 2024 in case number 22405/2024 in relation to: a
R39 483,60 in cash seized by members of the South African Police Service on 21 May 2019. (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:
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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 22 NOVEMBER 2024 No. 51631 57
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 and must be delivered to the
office of the State Attorney at the address mentioned in paragraph 9, below.
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:
The State Attorney: Mr L Ngwenya,
5 th Floor
22 Long Street
CAPE TOWN
His contact details are as follows:
Tel: (021) 441 9200
Email: LNgwenya@justice.gov.za
National Prosecuting Authority, 115 Buitengracht Street Cape Town, Tel: 0214877159, Email:
TMarco@npa.gov.za.
Date submitted: 2024-11-06
Case No: 8929/23
IN THE HIGH COURT OF SOUTH AFRICA
(IN THE WESTERN CAPE HIGH COURT, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2024-10-25, BEFORE THE HONOURABLE MR JUSTICE NUKU
In the matter between: VA PLANT CRUSHING AND SCREENING (PTY) LTD, Applicant and NKHULU
GROUP (PTY) LTD, Respondent
Having read the documents filed of record and having heard Counsel for the Applicant, it is hereby ordered
that:
1. The rule nisi granted on the 13 September 2024, whereby the Respondent was placed under provisional
liquidation in the hands of the Master of the High Court, Cape Town, is hereby extend to 5 December 2024.
2. All persons interested are called upon to show cause, if any, on or before 5 December 2024 at 10h00, or
soon thereafter as the application may be heard, why a final order should not be granted in the following terms:
2.1 That the Respondent be placed under final liquidation; and
2.2 That the costs of this application shall be costs in the liquidation.
3. Service of this provisional order shall be effected as follows:
3.1 On the Respondent at its registered address being Sea Breeze 2, Unit 52, Mossel Bay, Western Cape
Province; and
3.2 On the Receiver of Revenue (“SARS”).
This gazette is also available free online at www.gpwonline.co.za
58 No. 51631 GOVERNMENT GAZETTE, 22 NOVEMBER 2024