Western Breeze 434 (Pty) Ltd

Court order seizes property linked to crime · Published 2022-01-28 · What is a POCA?

Party
Western Breeze 434 (Pty) Ltd
Date
2021-11-19

Case

Court
Kwazulu-Natal Division, Durban

Parties addressed

  • Western Breeze 434 (Pty) Ltd

Asset description

two (2) immovable properties described in Annexure “A” (a copy of which can be obtained from the person motioned in par 9 hereunder).

From the gazette

                                                                                                  Case No: 29755/2019
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                        (GAUTENG DIVISION, JOHANNESBURG)
                                JOHANNESBURG, 2021-02-01, ACTING JUDGE GILBERT
    In the matter between: BRAVURA CAPITAL (PTY) LIMITED, Applicant, and DRIVE PATH TRADE & INVEST
                                 (PTY) LIMITED T/A SOUTHERN ENERGY, Respondent
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                    (GAUTENG LOCAL DIVISION, JOHANNESBURG)
                                                                                                 CASE NO: 2019/29755
                                           JOHANNESBURG, 1 February 2021
                                BEFORE THE HONOURABLE ACTING JUDGE GILBERT
 In the matter between:- BRAVURA CAPITAL (PTY) LIMITED, Applicant, and DRIVE PATH TRADE & INVEST
 (PTY) LIMITED T/A SOUTHERN, REG NO. 2012/116161/07, Respondent
           HAVING read the documents filed of record and having considered that matter:-
                                                        IT IS ORDERED THAT:-
 1.       The abovementioned Respondent Company is placed under provisional winding-up.
 2.       All persons who have a legitimate interest are called upon to put forward on 10 March 2022 at 10h00 or so
          soon thereof as Counsel may be heard the reasons why this Court should not order the final winding-up of the
          Respondent Company and the costs of this application be costs in the winding-up of the Respondent.
 3.       A copy of this Order is to be served on the various persons as provided for in Section 346A of the Companies
          Act, 1973 and is to be published once in the Government Gazette and once in a newspaper circulating Gauteng.
 4.       A copy of this Order is to be furnished to each known creditor and shareholder either per email or telefax or
          per registered post
  BY THE COURT
  _________________
    REGISTRAR
    /bbn
                                                    ----------oo0oo----------
                                                                                                      Case No: D10619/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                           (KwaZulu - Natal Local Division,DURBAN)
                         DURBAN, 2021-11-19, BEFORE THE HONOURABLE JUSTICE MOODLEY
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
      In re: Portion 157 (of 148) of ERF 325 Port Zimbali and Section 7 as shown and more fully described on
                           Sectional Plan No SS 475/2008 in the Scheme known as EBUHLENI
 DNOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
 The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South Africa
 (Kwazulu-Natal Division, Durban) on 19 November 2021 in case number D10619 / 2021 in relation to two (2) immovable
 properties described in Annexure “A” (a copy of which can be obtained from the person motioned in par 9 hereunder).
 This notice is addressed to Western Breeze 434 (Pty) Ltd and all other 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 Prevention of Organised Crime Act, No.121 of 1998 (“the Act”) 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 Act. An appearance must comply with these requirements.
 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 28 Januarie 2022                                          No. 45812   21

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, deliver or serve them at: The State Attorney KwaZulu - Natal, 6th Floor, Metropolitan Life Building,
         No.391 Anton Lembede Street, Durban, Tel: 031 - 365 2500, Fax: 031 - 306 2448.
                                                   ----------oo0oo----------
                                                                                                      Case No: 5642 / 2021P
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                   (KwaZulu - Natal Local Division,PIETERMARITZBURG)
                 PIETERMARITZBURG, 2021-08-04, BEFORE THE HONOURABLE JUSTICE VAN ZYL
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
                        In re: white Isuzu KB series, light load vehicle , licence number NO5821
 NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
The National Director of Public Prosecutions obtained a Preservation of Property Order in the High Court of
South Africa, KwaZulu - Natal Division, Pietermaritzburg on 4 August 2021 in case number 5642/2021P in
relation to property described as white Isuzu KB series, light load vehicle , licence number NO5821, chassis
number ADMTFR29S5G313500, vehicle register GXJ377S, engine number C20NE25664756 which is currently
held by the South African Police Services via Melmoth CAS 63/07/2021 under SAP13/422/2021 (“the property”)
[a copy of which can be obtained from the person motioned in paragraph 9 hereunder]. This notice is addressed to
Phindelaphi Muntukabongwa Xulu of eKuthuleni, KwaNkunzempunga, Melmoth and any other 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 Prevention of Organised Crime Act, No.121 of 1998 (“the Act”) 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 Act. An appearance must comply with these requirements.
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.

Source