Dorian Smith

Court order seizes property linked to crime · Published 2022-02-04 · What is a POCA?

Party
Dorian Smith
ID / Reg no
2015/163969/07

Case

Court
Mpumalanga Division Middelburg (Local Seat

Parties addressed

  • Dorian Smith

Identifiers

Company regs
2015/163969/07, 2018/040862/07, 2002/062949/23

From the gazette

 6. This order be published once in the Beeld newspaper and once in the Government Gazette before the return date.
 7. The costs of this application be costs in the liquidation.
 BY ORDER OF THIS COURT, THE REGISTRAR.
 NIXON & COLLINS ATTORNEYS, 421 ALBERT STREET, WATERKLOOF, PRETORIA, law@nixcol.co.za, 012-
 8802313.
 Date Submitted: 2022-01-05.
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                                                                                                           Case No. 5509/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                             Free State High Court, Bloemfontein
                      Bloemfontein, 2021-12-02, Honourable Deputy Justice President NM MBHELE
 In the ex parte application of: The National Director of Public Prosecutions, Plaintiff, and Dorian Smith, Plaintiff,
 and a VW Polo with registration numbers FZH 407 FS seized on 01 December 2020 and held under Heidedal
 CAS 166/11/2020
                                              PRESERVATION ORDER NOTICE
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
 This notice is addressed to Dorian Smith and all other persons who may have an interest in the VW Polo with registration
 numbers FZH407FS, chassis numbers AAVZZZ6RZCU075785 and engine numbers CLP100589 (the property):
 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 of Public Prosecutions 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 in sections 39(3), (4)
         and (5) of the POCA. An appearance must comply with these requirements;
 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 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, Applicant's Attorneys, 11th floor, Fedsure Building, 49 Charlotte Maxeke Street,
        BLOEMFONTEIN, Tel: 051 400 4300.
 Any correspondence or other enquiries must also be directed to this address or contact number.
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind Park,
 Pretoria, 0127, nndaba@npa.gov.za, 0128456718.
 Date Submitted: 2022-02-04.
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                                                                                                Case No. 2976/2020
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   Mpumalanga Division Middelburg (Local Seat)
                           Middelburg, 2021-08-13, Before the Honourable Judge J Mankge
           In the matter between: NEW TECH MINING (PTY) LTD, Plaintiff, and PHIWECENTIA TRADING
                                      AND PROJECTS (PTY) LTD, Defendant

                                 This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 4 Februarie 2022                                    No. 45856   29

The following Order is made:
1. The Respondent, PHIWECENTIA TRADING AND PROJECTS (PTY) LTD is hereby wound up and placed in the
hands of the Master of the High Court;
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 Company on 4 March 2022;
3. A copy of this order be forthwith served on the Respondent company at its registered address and be published in
the Goverrment Gazette and in the Citizen;
4. A copy of this Order be forthwith forwarded to each known creditor by prepaid registered post.
5. The Costs of the Application shall be costs in the Liquidation.
CJ Willemse Muller & Babinszky Attorneys, 446 Cameron Street, Brooklyn, Pretoria, secretary@wmblaw.co.za,
0123463111.
Date Submitted: 2022-01-25.
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                                                                                                    Case No. 15474/21
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                              GAUTENG LOCAL DIVISION
                                         JOHANNESBURG, 2021-11-15, VUMA AJ
In the matter between: THE ELECTRICAL CONTRACTOR (PTY) LIMITED, REGISTRATION NUMBER:
2018/040862/07, Defendant, and ELECTROGRID (PTY) LTD, REGISTRATION NUMBER: 2015/163969/07,
Defendant
                                              PROVISIONAL WINDING UP
HAVING read the documents filed of record, having hear the counsel for the applicant and after considering the matter
IT IS ORDERED THAT:-
1. The Respondent is hereby placed under provisional winding up
2. All persons with a legitimate interest are hereby called upon to show cause, if any, to the Honourable Court on 2
MARCH 2022 at 10h00 why a final winding up order should not be granted against the Respondent
3. Service of this Rule nisi, a copy of the Notice of Motion and annexures thereto shall be effected on the Respondent
at its registered address situated within the Court's jurisdiction
4. The Sheriff shall ascertain whether the employees of the Respondent are represented by a trade union and whether
there is a notice board on the premises to which the employees have access to.
5. This Order shall, without delay, be published in the Beeld newspaper and the Government Gazette
6. A copy of the provisional winding up Order shall be served upon:
6.1. every registered trade union that as far as the Sheriff can reasonably ascertain represents any of the employees
of the Respondent;
6.2. the employees of the Respondent by affixing a copy of the application and provisional order on any notice board
to which the employees have access to inside the Respondent's premises or if there is no access to the premises by
the employees, by affixing a copy to the front gate of front door of the premises from which the Respondent conducts
any business
6.3 the South African revenue Service
7. The costs of the application are costs in the liquidation
BY THE COURT
HESSELINK THESSNER INC, 1ST FLOOR CRESTA CORNER, CNR BEYERS NAUDE & JUDGES AVENUE,
chene@htattorneys.co.za, 011-476-3294.
Date Submitted: 2022-01-25.
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                                                                                                  Case No. 31388/2021
                                        IN THE HIGH COURT OF SOUTH AFRICA
                           PRETORIA, 2021-11-25, HONOURABLE JUSTICE JORDAAN AJ
    In the matter between: HYDRO PARK BODY CORPORATE – Applicant, and MANTIK INVESTMENTS CC -
                                        (REG. NO.: 2002/062949/23), Respondent

HAVING read the documents filed of record, heard Counsel and having considered the matter:
IT IS ORDERED THAT:
1. The above mentioned Respondent 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 the 23rd day of FEBRUARY 2022 at 10:00 or so soon thereafter as
the matter may be heard;
3. A copy of the Order be served on the Respondent at its registered office;
4. A copy of this Order be published forthwith once in the Government Gazette;
5. A copy of this Order be published forthwith once in the Pretoria News newspaper;
BY THE COURT, REGISTRAR.
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                              This gazette is also available free online at www.gpwonline.co.za
30  No. 45856                       GOVERNMENT GAZETTE, 4 February 2022

Source