Preston Sengudzwa of

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

Party
Preston Sengudzwa of
ID / Reg no
8607045132085
Date
2021-11-23

Case

Case number
D10763/2021
Court
MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT

Parties addressed

  • Preston Sengudzwa of

Asset description

certain property described as Black Isuzu 300TDI LX Double Cab, KB series, light load vehicle, chassis number: ADMTFR77D5C353461, engine number: 4JH1409125, vehicle register no: HYG392S bearing licence number ND714596, seized South African Police Service on 07 June 2021, booked in SAP13/134/2021 and held via Margate CAS: 92/06/2021 at SAPS Vehicle Safekeeping Unit (“the property”) [a copy of which can be obtained from the person mentioned in paragraph 9 hereunder]

From the gazette

           BY THE COURT
           MS. K MINNAAR
           REGISTRAR
           VDW-O CRONJE/mvs/J09857
                                                     ----------oo0oo----------
                                                                                      Case No: D10763/2021
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                      (KwaZulu - Natal Local Division,DURBAN)
                       DURBAN, 2021-11-23, BEFORE THE HONOURABLE JUSTICE CHETTY
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
             In re: Black Isuzu 300TDI LX Double Cab, KB series bearing licence number ND714596
   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 Local Division, Durban on 23 November 2021 in case number D10763/2021 in
  relation to certain property described as Black Isuzu 300TDI LX Double Cab, KB series, light load vehicle,
  chassis number: ADMTFR77D5C353461, engine number: 4JH1409125, vehicle register no: HYG392S bearing
  licence number ND714596, seized South African Police Service on 07 June 2021, booked in SAP13/134/2021
  and held via Margate CAS: 92/06/2021 at SAPS Vehicle Safekeeping Unit (“the property”) [a copy of which can be
  obtained from the person mentioned in paragraph 9 hereunder] This notice is addressed to Preston Sengudzwa of
  No 60 Mincaka road, KwaMashu and all persons who may have an interest in the property.
  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.
  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

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 28 Januarie 2022                                        No. 45812   37

       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: 3464/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                              (MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT))
                     MIDDELBURG, 2021-12-06, BEFORE THE HONOURABLE JUDGE VUKEYA
In the matter between: CLINTON HENDRIK ERASMUS APPLICANT, IDENTITYNUMBER: 8607045132085, and
DANIEL VAN DER MERWE 1 ST RESPONDENT, IDENTITYNUMBER:6101165057084, SHARON CHIVERS 2 ND
RESPONDENT, IDENTITYNUMBER: 6108180189081, Sequestration Application
AFTER having read the papers filed before Court and after considering the matter, the following order is made
                                                     IT IS ORDERED
     1. That the estate of DANIEL VAN DER MERWE AND SHARON CHIVERS be and is hereby placed under
provisional sequestration in the hands of the Master of the High Court and that a rule nisi do issue calling upon the
respondents to appear and show cause if any to this court on 11 FEBRUARY 2022 why a final order should not be
made against their estate.
     2. That this order to be served on the respondents personally and on the respondents employees, if any, at the
same address.
     3. That this order be published once in the Government Gazette
     4. That the costs of the application be costs in the sequestration.
BY COURT.--REGISTRAR
                                                  ----------oo0oo----------
                                                                                                      Case No: 6972/2021
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                            (LIMPOPO DIVISION, POLOKWANE)
                        POLOKWANE, 2021-11-18, BEFORE THE HONOURABLE JUDGE MULLER
In the matter between: SEJA-BALEDI JOYCE SEMENYA (APPLICANT), AND REGISTRAR OF DEEDS,
POLOKWANE (1ST RESPONDENT), MASTER OF HIGH COURT, POLOKWANE (2ND RESPONDENT),
POLOKWANE LOCAL MUNICIPALITY (3RD RESPONDENT)
                                                            RULE NISI
Having heard Counsel for the Applicant and having read documents filed herein,
IT IS NOW ORDERED THAT:
1. A rule nisi is hereby issued calling for any interested persons/entities, to show cause on this the 15th day of February
            2022 at 10:00 or soon thereafter as the matter may be heard.
2. In respect of any persons/ entities interested in the relief as set out in paragraph 3,4,5 and 6, this rule nisi be served
            as follows:
2.1.1. By publication thereof in the English Language, in the government gazette no later than 15 (fifteen) court days
            before the return date.
2.1.2. By publication thereof in the English Language, in the regional newspaper known as “The Review” no later than
            15 (fifteen) court days before the return date.
3. It is hereby declared and confirmed that the Applicant has acquired prescriptive title of the property to wit: Erf 2697,
          SESHEGO-B, REGISTRATION DIVISION LS, LIMPOPO PROVINCE, as more fully appears from the Diagram
          Deed, TG190/1984LB, presently held under title deed number: TG 190/1984LBPTA, through acquisitive
          prescription envisaged by the Prescription Act, 68 of 1969.
4. The REGISTRAR OF DEEDS, POLOKWANE (“the first Respondent”) is hereby authorised and ordered in terms of

          Section 3 (1) (b) of the Deeds Registries Act, 47 of 1937 to effect registration of the property in the name of
          the Applicant.
5. The Applicant is hereby authorized to sign any document including a power of attorney to pass transfer, required for
          purposes of such registration.
6. Costs of the application in the event of the opposition be paid by the opposing party, alternatively, parties, jointly and
          severally, the one to pay, the other(s) to be absolved.
          BY ORDER OF COURT.--REGISTRAR OF THE HIGH COURT.
                                                     ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
38  No. 45812                         GOVERNMENT GAZETTE, 28 January 2022

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