Notice

Court order seizes property linked to crime · Published 2025-04-11 · What is a POCA?

ID / Reg no
2006/021576/07
Date
2025-03-10

Case

Case number
2025-021374
Court
Western Cape Division, Cape Town

Asset description

property described as a silver Toyota Etios motor vehicle with registration number CY317051 seized by members of SAPS on the R62 road near Ladismith on 11 June 2024. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Company regs
2006/021576/07

From the gazette

                                                                                         Case No: 2025-021374
                                    IN THE HIGH COURT OF SOUTH AFRICA
                     (WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
             CAPE TOWN, 2025-03-10, Before the Honourable Ms Acting Justice Amanda Van Leeve
             In the matter between: The National Director of Public Prosecutions Applicant, Applicant
     In re: In re: A silver Toyota Etios motor vehicle with registration number CY317051 An application for a
  preservation of property order in terms of Section 38 of the Prevention of Organised Crime Act, 121 of 1998.
  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, No. 121 of 1998 in the High Court of South Africa
(Western Cape Division, Cape Town) on 10 March 2025 in case number 2025-021374 in relation to: property
described as a silver Toyota Etios motor vehicle with registration number CY317051 seized by members of
SAPS on the R62 road near Ladismith on 11 June 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, 11 APRIL 2025                                 No. 52496      53

   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 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 : Colleen Bailey, 5 th Floor 22 Long Street CAPE TOWN Her contact details are as
follows: Tel: 021 441 9206 Email: CoBailey@justice.gov.za National Prosecuting Authority, 115 Buitengracht
Street Cape Town, Tel: 0214877159, Email: TMarco@npa.gov.za.
  Date submitted: 2025-03-14

                                                                                    Case No: 7274/2023
                                    IN THE HIGH COURT OF SOUTH AFRICA
                   ((WESTERN CAPE DIVISION, CAPE TOWN), Western Cape / Wes-Kaap)
                        CAPE TOWN, 2023-08-31, Before the Honourable Justice: NDITA
   In the ex parte application of: SB GUARANTEE COMPANY (RF) PROPRIETARY LIMITED APPLICANT
   (REGISTRATION NUMBER: 2006/021576/07) In the matter between: SB GUARANTEE COMPANY (RF)
  PROPRIETARY LIMITED PLAINTIFF (REGISTRATION NUMBER: 2006/021576/07), Applicant and CLINT
     CORNELIUS (IDENTITY NUMBER: 870806 5220 08 9) FIRST DEFENDANT NICOLE CORNELIUS
                (IDENTITY NUMBER: 890310 0220 08 3) SECOND DEFENDANT, Respondent

                                             DRAFT COURT ORDER
   HAVING read the documents filed of record, heard counsel on behalf of the Applicant and considered the
matter, the following order is made:
1. Leave is granted to the Plaintiff to serve the Summons, Application for Default Judgement in terms of
Rule46A, Notice of Set Down, this Order as well as any further pleadings or subsequently applications and/or
processes upon the Defendants under the abovementioned case number by way of:
1.1 Publication of the abovementioned documents in the Government Gazette;
1.2 Affixing by the Sheriff of the High Court by affixing at the address of the mortgaged property, namely 10
GERMISTON ROAD, PORTLAND, CAPE TOWN;
1.3 e-mail to ncornelius1989@gmail.com'; clintcorn@gmail.com;
1.4 text message or WhatsApp transmission to 084 717 4158;
2. That the Defendant are granted 20 (twenty days) after service within which to deliver opposing papers after
which: 2.1 the Plaintiff is granted leave to re-enrol the Default Judgement Application in terms of Rule 46A. 3.
The Cost of the application are to stand over for later determination. BY ORDER OF THE COURT Signed by
COURT REGISTRAR on 2023-09-05. Box 555 Hannes Gouws & Partners Inc. Cape Town BY ORDER OF
THE COURT REGISTRAR HANNES GOUWS & PARTNERS

                           This gazette is also available free online at www.gpwonline.co.za
   54      No. 52496                        GOVERNMENT GAZETTE, 11 APRIL 2025

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