Mzovele Dumisani Vilakazi and

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

Party
Mzovele Dumisani Vilakazi and
Date
2021-10-06

Case

Case number
8138/2021
Court
FREE STATE DIVISION, BLOEMFONTEIN

Parties addressed

  • Mzovele Dumisani Vilakazi and

Asset description

property described as a Ford Ranger bearing the registration letters and numbers NKR55754 chassis/VIN number AFARXXMJ2R8A03617 and engine number FE285492X which is currently held by the South African Police Services via Estcourt CAS 115/07/2021 under SAP13/243/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].

From the gazette

                                                                                                          Case No. 21/43360
                                                                                                      Dx 33, Sandton Square
                                                         COURT ORDER
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                   Johannesburg, 2022-01-18, Honourable Justice Molahlehi
 In the matter between: DANIEL TERBLANCHE N.O., Plaintiff, and DOUBLE DELIGHT INVESTMENTS 4 CC,
 COMPANIES AND INTELLECTUAL PROPERTY COMMISSION, AFFECTED PERSONS OF DOUBLE DELIGHT
 INVESTMENTS 4 CC, Defendant
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                      (GAUTENG LOCAL DIVISION, JOHANNESBURG)
                                                                                                         CASE NO: 43360/21
                                                 On this day: 18 January 2022
 Before the Honourable: In the matter between: DANIEL TERBLANCHE N.O., Applicant (Acting in his capacity
 as the appointed business rescue practitioner of DOUBLE DELIGHT INVESTMENTS 4 CC), (In business
 rescue), and DOUBLE DELIGHT INVESTMENTS 4 CC (Registration No. 2002/024232/23), First Respondent, (In
 business rescue) COMPANIES AND INTELLECTUAL PROPERTY COMMISSION, Second Respondent,
 AFFECTED PERSONS OF DOUBLE DELIGHT INVESTMENTS 4 CC, Third Respondent (Known creditors, list
 annexed to the notice of motion marked annexure “X”)
                                                              DRAFT ORDER
 HAVING read the documents filed of record and having considered the matter, the following order is made:
 1 The business rescue proceedings of the First Respondent are terminated and the First Respondent is placed in final
 liquidation.
 2 The costs of the application are costs in the winding-up on the scale as between attorney and client.
 BY THE COURT
 _____________________ REGISTRAR
 Counsel for the Applicant: C Louis, louis@thulamelachambers.co.za, 084 847 7750.
 Cox Yeats Attorneys , 4 Sandown Valley Crescent, Sandown, Sandton, gcremen@coxyeats.co.za /
 rmahange@coxyeats.co.za, 0100155814.
                                                      ----------oo0oo----------
                                                                                                       Case No. 8138/2021 P
                                           IN THE HIGH COURT OF SOUTH AFRICA
                                     KwaZulu - Natal Local Division, PIETERMARITZBURG
                        DURBAN, 2021-10-06, BEFORE THE HONOURABLE JUSTICE SEEGOBEN
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
                          a Ford Ranger bearing the registration letters and numbers NKR55754
   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 6 OCTOBER 2021 in case number 8138/2021 in relation to
 property described as a Ford Ranger bearing the registration letters and numbers NKR55754 chassis/VIN number
 AFARXXMJ2R8A03617 and engine number FE285492X which is currently held by the South African Police Services
 via Estcourt CAS 115/07/2021 under SAP13/243/2021 (“the property”) [a copy of which can be obtained from the person
 motioned in paragraph 9 hereunder]. This notice is addressed to Mzovele Dumisani Vilakazi 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 of Public Prosecutions 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, 4 Februarie 2022                                          No. 45856   33

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, 391 Anton Lembede Street, Durban, Tel: (031) 365 2500 Fax: (031) 306 2448, State Attorney KZN,
           Magistrate's Court Building, cnr Otto and Church Street, Pietermaritzburg
National Prosecuting Authority (Order no: 024609), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
JGwe@npa.gov.za, 0313345242.
Date Submitted: 2021-10-14.
                                                      ----------oo0oo----------
                                                                                                          Case No. 5621/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                          FREE STATE DIVISION, BLOEMFONTEIN
                          BLOEMFONTEIN, 2022-01-13, HONOURABLE JUSTICE S CHESIWE
      In the matter between: PHH BADENHORST INC., Plaintiff, and PRO-CARE CONTRACTING (PTY) LTD,
                    Registered address: No. 30 12th Street, Voorspoed East, Welkom, Defendant
Having considered the Notice of Motion and the other documents filed of record and having heard the legal practitioner
for the Applicant,
IT IS ORDERED THAT:
1. The Respondent is hereby placed under PROVISIONAL LIQUIDATION in the hands of the Master of the High Court;
2. A provisional ordered is issued calling upon all interested parties to show cause, if any, on 22 FEBRUARY 2022 at
09:30, why a FINAL ORDER OF LIQUIDATION should not be granted against the Respondent;
3. This order must be served forthwith on the Respondent at its registered office be published in The Citizen and the
Government Gazette;
4.A copy of the winding-up order must be served on:
4.1 The employees of the Respondent (if any) and every registered Trade Union (if any) which as far as the Sheriff can
reasonable ascertain represents any of the employees of the Respondent (if any);
4.2 The South African Revenue Services.
5. The cost of this application be paid from the estate of the Respondent.
BADENHORST ATTORNEYS, 15 GROENVLEI AVENUE, GROENVLEI, BLOEMFONTEIN, pieter@badenhorst.law
and/or legal@badenhorst.law, 0514360886.
Date Submitted: 2022-01-20.
                                                      ----------oo0oo----------
                                                                                                             Case No. 1359/21
                                          IN THE HIGH COURT OF SOUTH AFRICA
                      IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
                                Pretoria, 2021-12-07, before the Honourable Justice Mosopa J
  In the matter between: CITY OF TSHWANE METROPOLITAN MUNICIPALITY, Plaintiff, and UYS PROPERTY
    HOLDINGS (PTY) LTD, MOBILE TELEPHONE NETWORKS (PTY) LTD, ABSA BANK LIMITED, Defendants
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                               GAUTENG DIVISION, PRETORIA

                   BEFORE THE HONOURABLE JUSTICE MOSOPA J ON THE 07 DECEMBER 2021
                                                                                                          Case No: 2021/1359
In the matter between ~ CITY OF TSHWANE METROPOLITAN MUNICIPALITY, Plaintiff, and UYS PROPERTY
HOLDINGS (PTY) LTD, First Respondent, MOBILE TELEPHONE NETWORKS (PTY) LTD, Second Respondent,
ABSA BANK LIMITED, Third Respondent
                                                         COURT ORDER
After reading the papers and hearing counsel for the applicant, the following order is made:
A rule nisi be issued, calling upon the first respondent to show cause, if any, to this Court on the 16 March 2022 at
09h00am, why:
1.1. The orders from paragraphs 3 to 8 below should not be made final;
The service of this rule nisi on the first respondent to be effected in the following manner:
2.1. On the first respondent by the sheriff; or
2.2. By publication, once, in the Government Gazette and, once, in 2 (two) newspapers distributed in Pretoria, Gauteng
Province.
That the prayers 3.1, 3.2, 3.3 and 3.4 below shall operate with immediate effect as an interim measure pending the
return date of the 16 March 2022:

                                This gazette is also available free online at www.gpwonline.co.za
34  No. 45856                        GOVERNMENT GAZETTE, 4 February 2022

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