Notice
Court order seizes property linked to crime · Published 2022-01-07 · What is a POCA?
- Date
- 2021-12-02
Case
- Case number
- 19492/2021
- Court
- Western Cape,
Asset description
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).
From the gazette
KRÜGEL HEINSEN INCORPORATED, PROFFICE BUILDING, ROUTE N4 BUSINESS PARK, 23 CORRIDOR
CRESCENT, WITBANK, mandy@krugels.co.za, 013-6536400.
Date Submitted: 2021-12-07.
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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.
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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
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.
This gazette is also available free online at www.gpwonline.co.za
20 No. 45722 GOVERNMENT GAZETTE, 7 January 2022