Notice

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

Case

Case number
56526/21
Court
Gauteng

Asset description

A white Mercedes Benz with registration number JK 50GW GP, held at Rhyn Deep in Benoni under SAP 13/2051. A silver tanker with registration number DML 842 GP held at Van Rhyn Deep in Benoni under SAP 13/2052/2021. A tow tanker trailers with registration numbers CAA 120-749 held at Van Rhyn Deep in Benoni under SAP 13/2101/2021. A tow tanker trailers with registration number CAA 120-761 held at Van Rhyn Deep in Benoni under SAP13/2102/2021 prohibition against dealing in any manner with the proper

From the gazette

                                                                                                 Case No: UM 252/2020
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                          (NORTH WEST DIVISION, MAFIKENG)
                           MAFIKENG, 2021-12-09, HONOURABLE MR JUSTICE PETERSEN
                                     IN THE MATTER OF: BEES WINKEL (PTY) LTD
        Registration Number: 2017/0301149/07, Applicant, and MKHULU TSHUKUDI HOLDINGS (PTY) LTD,
                                  Registration Number: 2018/060481/07, Respondent
 HAVING HEAD ADV M JACOBS on behalf of the Applicant and ADV A MAY on behalf of the Respondent and having
 read the Notice of Motion and other documents filed of record;
  IT IS ORDERED
 1. THAT: Judgment reserved.
    THEREAFTER on this the 09th day of DECEMBER 2021.
 1. THAT: The Respondent is hereby placed under provisional liquidation in the hands of the Master of the High Court,
          North West;
 2. THAT: A rule nisi is hereby isssued, with the return date being 17th of February 2022, calling upon the Respondent
          or any other interested party on the return date, to advance reasons, if any, why the Respondent should no
          be finally liquidated;
          3. THAT: The provisional liquidation order shall be served on:-
              3.1 the Respondent, at its registered address;
              3.2 the employees of the Respondent, if any;
              3.3 the trade union of such employees, if any;
              3.4 the South African Revenue Service;
              3.5 the Master of the High Court;
              3.6 by publication in the Government Gazette;
              3.7 by publication in a local newspaper in the area where the Respondent's registered address is.
          4. THAT: The costs of this application be costs in the liquidation.
          BY THE COURT.--REGISTRAR
                                                   ----------oo0oo----------
                                                                                                  Case No: - 56526/21
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                                    (North Gauteng )
                                 Pretoria, 2021-12-14, Honourable Justice Ledwaba (DJP)
  In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant, Applicant
     A white Mercedes Benz with registration number JK 50GW GP, held at Rhyn Deep in Benoni under SAP
                                                         13/2051.
        A silver tanker with registration number DML 842 GP held at Van Rhyn Deep in Benoni under SAP
                                                      13/2052/2021.
    A tow tanker trailers with registration numbers CAA 120-749 held at Van Rhyn Deep in Benoni under SAP
                                                      13/2101/2021.
       A tow tanker trailers with registration number CAA 120-761 held at Van Rhyn Deep in Benoni under
                                                    SAP13/2102/2021
    AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
                                                           1998
         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 Organized Crime Act, No. 121 of 1998 in the High Court of South Africa ( Gauteng
 Division, Pretoria) on 14 December 2021,in case number 56526/21 in relation to:
      A white Mercedes Benz with registration number JK 50GW GP, held at Rhyn Deep in Benoni under SAP
 13/2051.
      A silver tanker with registration number DML 842 GP held at Van Rhyn Deep in Benoni under SAP
 13/2052/2021.

      A tow tanker trailers with registration numbers CAA 120-749 held at Van Rhyn Deep in Benoni under SAP
 13/2101/2021.
      A tow tanker trailers with registration number CAA 120-761 held at Van Rhyn Deep in Benoni under
 SAP13/2102/2021 prohibition against dealing in any manner with the property.
      (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
      This notice is addressed to 1. Davison Brian Musa whose last know address is 408 Avenue, Graditor
 Street, Kempton Park , Gauteng.
      2. Regina Mlisa whose last know address is No 13 Wessels Avenue, Rivonia Boulevard Gauteng and
 all persons who may have an interest in the property described above.

                               This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 21 Januarie 2022                                          No. 45782   37

     Take noticewhich 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 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;
      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 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.
      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 Act;
      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
Mulaudzi SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677VuMuladzi@justice.gov.za and/or clsibiya@npa.gov.za
                                                      ----------oo0oo----------
                                                                                      Case No: - 38572/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                                (Gauteng Division, Pretoria)
                                      Pretoria, 2022-02-23, Final notice of set down
                   In the matter between: Bernd Lutz, Applicant, and Unus Campus, Respondent
                                             NOTICE OF SET DOWN
BE PLEASED TO TAKE NOTICE THAT the above matter has been set down on the unopposed roll of WEDNESDAY,
the 23RD FEBRUARY 2022, at 10h00 or so soon thereafter as counsel for the Applicant may be heard in respect of
the final liquidation order of the Respondent.
                                                    ----------oo0oo----------

                                                                                                      Case No. D6386/2021
                                                                                                                P/H No. 66
                                   IN THE HIGH COURT OF SOUTH AFRICA
                                 KWAZULU-NATAL LOCAL DIVISION, DURBAN
                  DURBAN, 2022-01-10, BEFORE THE HONOURABLE MR JUSTICE CHETTY
                In the ex parte application of: FELTRA INTERNATIONAL LOGISTICS, Plaintiff
UPON the Motion of Counsel for the Applicant and upon reading the NOTICE OF MOTION and other documents filed
of record.
IT IS ORDERED
1. That the Respondent and all other interested parties, be and are hereby called upon to show cause, if any, to this
     Honourable Court on the 25th February 2022 at 09h30, or so soon thereafter as the matter may be heard, as to
    why the Respondent should not be wound up;
2.  That this Order shall operate as an Order provisionally winding-up the Respondent;
3.  That this Order shall be published on or before the 21st day of January 2022, once in the Government Gazette
    and once in the Daily Newspaper published and circulating in KwaZulu-Natal.
THORPE AND HANDS INC., 88 MAHATMA GANDHI ROAD, THE POINT, DURBAN, robin@thorpeandhands.co.za,
031-3053641.
Date Submitted: 2022-01-10.

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

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