Phindelaphi
Court order seizes property linked to crime · Published 2022-02-04 · What is a POCA?
- Party
- Phindelaphi
- Date
- 2021-08-04
Case
- Case number
- 5642/2021
Parties addressed
- Phindelaphi
Asset description
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].
From the gazette
3.1. The first and second respondent (“the respondents”) are ordered to complete the necessary forms, compile and
sign the necessary documents, or cause the completion, compilation and signature of the necessary documents for
purposes of submitting the plans and specifications of the building structures (including but not limited to the 30m high
telecommunications monopole mast and base station - “the cell mast”) erected at Erf 15, Bronberrik, Pretoria, situate
at 308 Tripperary Road, Bronberrik, Pretoria (“the property”).
3.2. The respondents are ordered to submit the plans and specifications mentioned in paragraph 1 to the applicant, in
accordance with section 4 of the National Building Regulations and Building Standards Act No 103 of 1977 (“the
Building Act”).
3.3. The respondents are further ordered to submit an application for permission to erect a telecommunication mast in
accordance with clause 15 and schedule 25 of the Tshwane Town Planning Scheme, 2008 (revised in 2014) (“the
Scheme”).
3.4. Interdicting and restraining the respondents from erecting, or allowing the erecting of any further building structures
on the property without the applicant having approved the building plans in relation thereto, in terms of the Building Act.
The second respondent, unless if this matter is opposed, in which case the opposing respondent(s) be ordered to pay
the costs of this application, is ordered to pay the costs of this application on an attorney and client scale.
BY ORDER
_____________________, THE REGISTRAR
Counsel for the Applicant: Adv. SS Maelane - 072 673 1391
The Club Advocates' Chambers, Email: smaelane@clubadvocates.co.za, Attorney for the Applicant: Mr. R Lebogo -
079 820 7027, Email: RLebogo@gminc.co.za
GMI Attorneys, GMI HOUSE, HARLEQUINS OFFICE PARK, 164 TOTIUS STREET GROENKLOOF,
hzondo@gminc.co.za / rlebogo@gminc.co.za, 012 428 8600.
Date Submitted: 2022-01-19.
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Case No. 42872/15
IN THE MAGISTRATE’S COURT FOR
Magistrate Court for the District of Soweto held at Protea
Johannesburg, 2021-02-05, Taxing Master
In the matter between: Mthobisi Mncube // The Minister of police, Mthobisi Mncube, Plaintiff, and The Minister
of police, Defendant, Mthobisi Mncube vs The Minister of police, Writ of Execution
BE PLEASE TO TAKE NOTICE
That in pursuance of a judgment granted by Taxing Master In the above on 01 September 2022, the goods listed
hereunder will be sold in execution to highest bidder at TELKOM TOWERS, 152 JOHANNES RAMOKGWANE
STREET, PRETORIA on 25 February 2022 at 10h00 Namely:
1. 35 x computers = R35 000.00
TERMS: STRICTLY CASH
Dated at Johannesburg 24th day of January 2022.
SHERIFF PRETORIA CENTRAL, T.F Seboka, Tel: 012 320 3969.
Wonga Sineke, 411 Works @ market Building, cnr Von Brandis and Albertina Sisulu Street, Johannesburg,
wonga@telkomsa.net, (011)333-0082.
Date Submitted: 2022-01-21.
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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
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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 4 Februarie 2022 No. 45856 35
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 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 c/o 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: 2022-01-20.
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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
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
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, 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).