Notice

Court order seizes property linked to crime · Published 2022-03-04 · What is a POCA?

ID / Reg no
2015/190445/07
Date
2022-01-31

Case

Case number
20701/2021
Court
Western Cape Local

Asset description

the cash amount of R24 690 as seized by members of the South African Police Service on 26 October 2019 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Cash amount
R24 690
Company regs
2015/190445/07

From the gazette

 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. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
 His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax: (021) 421-
 9364. Email: ZKarjiker@justice.gov.za.
 National Prosecuting Authority, 22 Long Street Cape Town, zkarjiker@justice.gov.za, 0214419200.
 Date Submitted: 2022-02-15.
                                                 ----------oo0oo----------
                                                                                               Case No. 20701/2021
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                              WESTERN CAPE DIVISION
                     CAPE TOWN, 2022-01-31, Before the Honourable Ms Justice Salie-Hlophe
               In the matter between: The National Director of Public Prosecutions, Applicant, and
                                       JERRY CHINEDU ORAH, RESPONDENT
 IN RE: AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT, 1998
 FOR A PRESERVATION OF PROPERTY ORDER FOR THE CASH AMOUNT OF R24 690 AS SEIZED BY MEMBERS
 OF THE SOUTH AFRICAN POLICE SERVICE ON 26 OCTOBER 2019
      NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 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 31Januuary 2022 under case number 20701/2021 in relation to the cash amount of R24 690
 as seized by members of the South African Police Service on 26 October 2019 (a copy of the application and order can
 be obtained from the person mentioned in par 9 hereunder).

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 4 Maart 2022                                           No. 45995   27

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.
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 Z Karjiker, 5th Floor, 22 Long Street, Cape Town.
His contact details are as follows: Tel: (021) 441 9200/ 021 441 9301, Email: zkarjiker@justice.gov.za
National Prosecuting Authority, 22 Long Street Cape Town, zkarjiker@justice.gov.za, 0214419200.
Date Submitted: 2022-02-15.
                                                      ----------oo0oo----------
                                                                                                        Case No. 18038/2020
                                                                                                                     Docex 20
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              GAUTENG DIVISION, PRETORIA
                             PRETORIA, 2022-01-24, THE HONOURABLE JUDGE RAULINGA
           In the application of: BRAND ALCHEMISTS (PTY) LTD (REG NO: 201/244850/07), Plaintiff, and
                            AVIDITY GROUP (PTY) LTD (Reg no: 2015/190445/07), Defendant
               EXTENTION OF RULE NISI PERTAINING TO THE PROVISIONAL LIQUIDATION ORDER:

                                                 AVIDITY GROUP (PTY) LTD
HAVING read the documents filed of record and having heard the Applicant's representative:
IT IS ORDERED THAT:
1. That matter be postponed and the rule nisi be extended and is hereby extended to 17 March 2022 as the matter
      became unopposed on 24 January 2022.
2. That the costs of this application be costs in the liquidation.
CAVANAGH & RICHARDS ATTORNEYS, 75 DURHAM ROAD, CLUBVIEW, CENTURION, stella@crlawchambers.
co.za, 0129401947.
Date Submitted: 2022-02-23.
                                                      ----------oo0oo----------
                                                                                                         Case No. 4267/2021
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                         FREE STATE DIVISION, BLOEMFONTEIN
                        BLOEMFONTEIN, 2022-02-03, Before Her Honourable Justice S CHESIWE
In the matter between: EXCLUSIVE BEAUTY SOLUTIONS CC, APPLICANT, and JACLYN IVY ENGELBRECHT
N.O., 1ST RESPONDENT, BRENDA ANNLOU MYBURGH N.O., 2ND RESPONDENT, BETA TRUST ADMIN (PTY)
LTD, 3RD RESPONDENT, THE MASTER OF THE HIGH COURT, BLOEMFONTEIN, 4TH RESPONDENT, JACLYN
IVY ENGELBRECHT, 5TH RESPONDENT, THE TRUSTEES FROM TIME TO TIME OF THE NOV-U TRUST
(IT649/13), 6TH RESPONDENT
Having considered the documents before the court and having heard the legal practitioner for the applicant:
IT IS ORDERED THAT:

                                This gazette is also available free online at www.gpwonline.co.za
28  No. 45995                           GOVERNMENT GAZETTE, 4 March 2022

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