Docfin Trading (PTY) LTD, a company registered in terms of Companies Act

Court order seizes property linked to crime · Published 2024-11-29 · What is a POCA?

Party
Docfin Trading (PTY) LTD, a company registered in terms of Companies Act

Case

Case number
8261/2024
Court
Limpopo Local

Parties addressed

  • Docfin Trading (PTY) LTD, a company registered in terms of Companies Act

Asset description

a cash amount of R 446 000.00 seized by the members of the South African Police Service(SAPS) in the Musina policing area on the 04 July 2024 under case docket Musina CAS 67/07/2024 and held in the SAP 13 store in Musina with reference SAP13/753/2024 and a 2016 white Toyota Fortuner with registration number HZP 366 EC seized by the members of the South African Police Service in the Musina policing area on the 04 July 2024 under case docket Musina CAS 67/07/2024 and held in the SAP13 store in Mus

Identifiers

Cash amount
R446 000.00

From the gazette

                                                                                       Case No: 8261/2024
                                    IN THE HIGH COURT OF SOUTH AFRICA
                              (LIMPOPO LOCAL DIVISION, POLOKWANE, Limpopo)
     POLOKWANE, 2024-08-02, Before the Honourable: JUDGE PRESIDENT M.G PHATUDI, in Chambers
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: a cash amount of R 446 000.00 seized by the members of the South African Police Service(SAPS) in the
Musina policing area on the 04 July 2024 under case docket Musina CAS 67/07/2024 and held in the SAP 13
store in Musina with reference SAP13/753/2024 and a 2016 white Toyota Fortuner with registration number HZP
366 EC seized by the members of the South African Police Service in the Musina policing area on the 04 July
2024 under case docket Musina CAS 67/07/2024 and held in the SAP13 store in Musina with reference
SAP13/753/2024.
IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
   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 0of 1998 in the High Court of South Africa
(Limpopo Local
  Division, Polokwane) on the 02 August 2024 case number 8261/2024 in relation to: a cash amount of R 446
000.00 seized by the
   members of the South African Police Service(SAPS) in the Musina policing area on the 04 July 2024 under
case docket Musina CAS 67/07/2024 and held in the SAP 13 store in Musina with reference SAP13/753/2024
and a 2016 white Toyota Fortuner with registration number HZP 366 EC seized by the members of the South
African Police Service in the Musina policing area on the 04 July 2024 under case docket Musina CAS
67/07/2024 and held in the SAP13 store in Musina with reference SAP13/753/2024 . (a copy of the application
and order can be obtained from the person mentioned in paragraph 10 hereunder) .
  1. This notice is addressed to Docfin Trading (PTY) LTD, a company registered in terms of Companies Act
and having a registered address at 2126 Sebopa Crescent, Mamelodi West, Mamelodi, Gauteng Province and to
Peter Tambudze, an udult male person residing at number 13, 2nd Avenue, Bergview Musina, Limpopo Province
as per charge sheet.
  Take notice that:

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                                  STAATSKOERANT, 29 NOVEMBER 2024                                No. 51647      37

  2) 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.
   3) 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 an order declaring the property forfeit to the state. The order will remain
in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is
satisfied.
   4) 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 sections 39(3),
(4) and (5) of the POCA. An appearance must comply with these requirements.
  5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 4 above.
  6) 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.
   7) 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.
   8) 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.
   9) 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.
  10) 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. T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699
  Reference: AFU 36/24/NT
  His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and Fax 086
452 8838
  Any correspondence or other inquiries must also be directed to this address or contact number.
  National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK,
SILVERTON, Tel: 0150450319, Email: NaStemele@npa.gov.za.
  Date submitted: 2024-11-20

                                            MPUMALANGA
                                                                                Case No: 3937/2024
                               IN THE HIGH COURT OF SOUTH AFRICA
                      (MPUMALANGA LOCAL DIVISION, MIDDELBURG, Mpumalanga)
                        MIDDELBURG, 2024-10-11, Honourable Justice Malangeni AJ
   In the matter between: GENFIN (PTY) LTD, Applicant and JACOBUS IGNATIUS KRUGER, Respondent
                                     Provisional Sequestration Order
  Having heard the legal representative for the applicant and having read the documents filed of record:
  It is ordered that:
   1. The Respondent's estate is hereby placed under provisional sequestration and the assets thereof are
placed in the hands of the Master of the High Court.
  2. A rule Nisi is issued calling upon the Respondent and all person's concerned to show cause, if any, to the
above Honourable Court on 13 December 2024 why, The following order should not be made:
  2.1 a final sequestration order should not be granted; and

                           This gazette is also available free online at www.gpwonline.co.za
   38     No. 51647                     GOVERNMENT GAZETTE, 29 NOVEMBER 2024

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