Notice

Court order seizes property linked to crime · Published 2025-03-28 · What is a POCA?

Date
2025-03-04

Case

Case number
2025-004339
Court
Western

Asset description

R64 828.80 cash, that was seized by members of the South African Police Service on 11 February 2024. (A copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

From the gazette

In re: In re: application for a preservation of property order in terms of section 38 of The Prevention of Organised
Crime Act 121 of 1998 in respect of R64 828.80 cash that was seized by members of the South African Police
Service on 11 February 2024.
  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 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 Local Division, Cape Town) on 4 March 2025 under case number 2025-004339 in relation to R64 828.80
cash, that was seized by members of the South African Police Service on 11 February 2024. (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:

                           This gazette is also available free online at www.gpwonline.co.za
                                   STAATSKOERANT, 28 MAART 2025                                  No. 52394      59

  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 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 later. 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: Ms C Bailey, 4 th Floor, 22 Long Street, Cape Town.
  His contact details are as follows: Private Bag X9001, Cape Town, 8000. Tel: (021) 441 9200/ 021 441 9284
and Fax: (021) 421 9364. Email: zkarjiker@justice.gov.za
  National Prosecuting      Authority,   115   Buitengracht    Street   Cape     Town,    Tel:   0214877159,    Email:
TMarco@npa.gov.za.
  Date submitted: 2025-03-05

                                                                                             Case No: 2025-018863
                                                                                      P/H or Docex Nr:6 Wellington
                                    IN THE HIGH COURT OF SOUTH AFRICA
                    (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
                             CAPE TOWN, 2025-03-05, MS JUSTICE DA SILVA SALIE
In the matter between: RYNETTE LAMBRECHTS PIETERS N.O. FIRST APPLICANT KAREN FORTEIN N.O.
SECOND APPLICANT In their capacities as the joint provisional liquidators of Omnicape Investments (Pty) Ltd
(in liquidation) (Master’s reference: C737/2024) and IAN ODENDAAL N.O. FIRST RESPONDENT JONATHAN
MICHAEL SMITH N.O. SECOND RESPONDENT JEANNE ODENDAAL N.O. THIRD RESPONDENT In their
capacities as the trustees for the time being of the Jean-Mandi Trust (Trust registration number: IT3810/1995(C)),
Respondent
                                      In re: SEQUESTRATION APPLICATION
                                    PROVISIONAL SEQUESTRATION ORDER
  Having read the record and having heard counsel for the applicant,
  IT IS ORDERED THAT:
  1. The estate of the Jean-Mandi Trust (Trust no: IT3810/1995(C)) (“ the Jean-Mandi Trust”) be provisionally
sequestrated.
   2. A rule nisi is issued, calling upon all interested persons to appear in the above Court on 16 April 2025 at
10:00 or as soon thereafter as counsel may be heard, to show cause why the following order should not be
granted:

                           This gazette is also available free online at www.gpwonline.co.za
   60      No. 52394                       GOVERNMENT GAZETTE, 28 MARCH 2025

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