MELIKHAYA KAMTENI

Court order seizes property linked to crime · Published 2022-01-07 · What is a POCA?

Party
MELIKHAYA KAMTENI

Case

Case number
3762/21
Court
Eastern Cape Local Division, Port Elizabeth

Parties addressed

  • MELIKHAYA KAMTENI

From the gazette

                                                                                                          Case No. 3762/21
                                                                                             P/H of Docex No. 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                          Eastern Cape Local Division, Port Elizabeth
                      Port Elizabeth, 2021-12-14, Before the Honorable Mister Justice Govindjee AJ
                 In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
              A Nissan Hardbody bakkie with registration JKH 115 EC seized on 13 November 2021 and
                               held by SAPS under Uitenhage CAS 153/11/2021(the property)
                                                           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 Local Division, Port Elizabeth) under case number 3762/21 in re : A Nissan Hardbody bakkie with
 registration JKH 115 EC seized on 13 November 2021 and held by SAPS under Uitenhage CAS 153/11/2021 (the
 property)( a copy of which can be obtained from the person mentioned in par 9 hereunder)
 This notice is addressed to MELIKHAYA KAMTENI 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:
 STATE ATTORNEY PORT ELIZABETH
 29 Western Road, Central, Port Elizabeth, Tel: 041 585 7921, WaErasmus@justice.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
 PARK, PRETORIA,0127, waerasmus@justice.gov.za, 0415857921.
 Date Submitted: 2021-12-20.
                                                       ----------oo0oo----------
                                                                                                          Case No. 4223/2019
                                                                                                          P/H of Doxec No. 53
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                  MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT)
                                            MIDDELBURG, 2021-10-29, MANKGE J.
                IN THE MATTER BETWEEN: MAISON INVESTMENTS 120 (PTY) LTD, APPLICANT, and
                                DIKGERU TRADING AND ENTERPRISE CC, RESPONDENT
 Having heard counsel for the Applicant(s) and having read the notice of motion and other documents filed of record
 AFTER HAVING HEARD COUNSEL(S) AND HAVING READ THE AND CONSIDERED THE PAPERS FILED BEFORE
 ME THE FOLLOWING ORDER IS MADE:
 1.         The rule nisi extended to 21 January 2022 #65 by agreement between the parties as matter is now opposed.
 2.         The respondent is order to pay wasted costs on attorney and client scale, same is confirmed by Mr Resenga
 for the respondent.

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 7 Januarie 2022                                          No. 45722   19

KRÜGEL HEINSEN INCORPORATED, PROFFICE BUILDING, ROUTE N4 BUSINESS PARK, 23 CORRIDOR
CRESCENT, WITBANK, mandy@krugels.co.za, 013-6536400.
Date Submitted: 2021-12-07.
                                                      ----------oo0oo----------
                                                                                                         Case No. 4223/2019
                                                                                                        P/H of Doxec No. 53
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                 MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT)
                                           MIDDELBURG, 2021-10-29, MANKGE J.
               IN THE MATTER BETWEEN: MAISON INVESTMENTS 120 (PTY) LTD, APPLICANT, and
                               DIKGERU TRADING AND ENTERPRISE CC, RESPONDENT
Having heard counsel for the Applicant(s) and having read the notice of motion and other documents filed of record
AFTER HAVING HEARD COUNSEL(S) AND HAVING READ THE AND CONSIDERED THE PAPERS FILED BEFORE
ME THE FOLLOWING ORDER IS MADE:
1.         The rule nisi extended to 21 January 2022 #65 by agreement between the parties as matter is now opposed.
2.         The respondent is order to pay wasted costs on attorney and client scale, same is confirmed by Mr Resenga
for the respondent.
KRÜGEL HEINSEN INCORPORATED, PROFFICE BUILDING, ROUTE N4 BUSINESS PARK, 23 CORRIDOR
CRESCENT, WITBANK, mandy@krugels.co.za, 013-6536400.
Date Submitted: 2021-12-07.
                                                      ----------oo0oo----------
                                                                                                       Case No. 19492 / 2021
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                                 WESTERN CAPE DIVISION
                        CAPE TOWN, 2021-12-02, Before the Honourable Ms Justice Baartman
In the matter between: The National Director of Public Prosecutions, Applicant, and In re: an application in
terms of Section 38 of the Prevention of Organised Crime Act, 121 of 1998 for the preservation of R66500 in
cash, seized by members of the South African Police Service at 19 Lock Road, Kenilworth, Western Cape on 1
June 2020
  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,
Cape Town) on 2 December 2021 in case number 19492/2021 in relation to: R66500 seized by SAPS on 1 June 2020
at 19 Lock Road Kenilworth.(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.
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

Source