Ivan Pillay and Samkelo Patrick Phepeng

Court order seizes property linked to crime · Published 2022-01-21 · What is a POCA?

Party
Ivan Pillay and Samkelo Patrick Phepeng
ID / Reg no
2005/012372/07

Case

Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Ivan Pillay and Samkelo Patrick Phepeng

Asset description

amount of R24 500 held in Nedbank Suspense Account 9000320600

Identifiers

Cash amount
R24 500
Accounts
9000320600
Company regs
2005/012372/07, 1998/019273/07

From the gazette

                                                                                                           Case No: 39853/2021
                                                                                                                  Annexure: A
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                                    (Gauteng Division, Pretoria)
                             Pretoria, 2021-08-12, Before the hourable Madam Justice Munzhelele
                 In the ex parte application of: The National Director of Public Prosecutions, Applicant
                      In re: An amount of R24 500 held in Nedbank Suspense Account 9000320600
        AN APPLICATION FOR A PRESERVATION OF PROPERTY ORDER IN TERMS OF SECTION 38 OF THE
                                PREVENTION OF ORGANISED CRIME ACT, NO 121 OF 1998
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
  This notice is addressed to Ivan Pillay and Samkelo Patrick Phepeng and all persons who have an interest in certain
  property, hereinafter referred to as "the property" namely an amount of R24 500 held in Nedbank Suspense Account
  9000320600
                                                           Take notice that:
  1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
  order), a copy of which is attached to this notice in terms of section 38(2) of the POCA in respect of the property;
  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 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;
  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 in sections 39(3), (4) and (5) of the Act. 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.
  5. 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;
  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, 316 Thabo Sehume Street, Pretoria. Tel: (012) 309 1500/email: VuMulaudzi@justice.gov.za and
  or clsibiya@npa.gov.za.
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                                  This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 21 Januarie 2022                                   No. 45782   23

                                                                                                 Case No: 47134/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                                     PRETORIA, 2021-12-13, JUSTICE RAULINGA
In the matter between: DISCOVERY LIFE LIMITED, Applicant and MISTY MOUNTAINS ESTATES (PTY) LTD
REG. NO. 1998/019273/07, 11B RILEY ROAD, EASTWOOD OFFICE PARK, UNIT 21, BEDFORDVIEW, GAUTENG,
Respondent
1. The Respondent be and is hereby placed under provisional winding-up.
2. All persons who have a legitimate interest are called upon to put forward their reasons why this court should not
order the final winding up of the Respondent on 10 FEBRUARY 2022 at 10:00 or so soon thereafter as the matter
may be heard.
3. A copy of this order is to be served on the Respondent at its registered address.
4. A copy of the order is to be published forthwith once in the Government Gazette.
5. A copy of this order is to be forthwith forwarded to each known creditor, if any, by prepaid registered post or by
electronic receipted telefax transmission.
6. A copy of the provisional winding-up order is to be served on:
a. Every trade union referred to in order 2 hereof, if any;
b. The employees of the Respondent by affixing a copy of the application to any notice board to which the employees
have access inside the Respondent's premises, or if there is no access to the premises by the employees, by affixing
a copy to the the front gate, where applicable, failing which to the front door of the premises from which the debtor
conducted any business at the time of the presentation of the application;
c. The South African Revenue Service;
d. Mr Andre van Vuuren at his address as reflected in the documentation from the Companies and Intellectual Property
Commission; and
e. The Respondent.
7. The costs, of this application are costs in the application.
                                                   ----------oo0oo----------
                                                                                                Case No: 47132/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                                PRETORIA, 2021-12-13, ACTING JUSTICE MANAMELA
     In the matter between: DISCOVERY LIFE LIMITED, Applicant and ROSEHIP PROPERTIES 3 (PTY) LTD
                                        REG. NO. 2005/012372/07, Respondent
1. The Respondent is placed under provisional winding-up.
2. All persons who have a legitimate interest are called upon to put forward their reasons why this court should not
order the final winding up of the Respondent on 10 FEBRUARY 2022 at 10:00 or so soon thereafter as the matter may
be heard.
3. A copy of this order is to be served on the Respondent at its registered address.
4. A copy of the order is to be published forthwith once in the Government Gazette.
5. A copy of this order is to be forthwith forwarded to each known creditor, if any, by prepaid registered post or by
electronic receipted telefax transmission.
6. A copy of the provisional winding-up order is to be served on:
a. Every trade union referred to in order 2 hereof, if any;
b. The employees of the Respondent by affixing a copy of the application to any notice board to which the employees
have access inside the Respondent's premises, or if there is no access to the premises by the employees, by affixing
a copy to the the front gate, where applicable, failing which to the front door of the premises from which the debtor
conducted any business at the time of the presentation of the application;
c. The South African Revenue Service;
d. Mr Andre van Vuuren at his address as reflected in the documentation from the Companies and Intellectual Property
Commission; and
e. The Respondent.

7. The costs, of this application are costs in the application.
                                                   ----------oo0oo----------

                              This gazette is also available free online at www.gpwonline.co.za
24  No. 45782                        GOVERNMENT GAZETTE, 21 January 2022

Source