Mavis Luvuno

Court order seizes property linked to crime · Published 2022-02-11 · What is a POCA?

Party
Mavis Luvuno
ID / Reg no
2001/004881/07
Date
2021-08-19

Case

Case number
6122/2021
Court
WESTERN CAPE DIVISION, CAPE TOWN

Parties addressed

  • Mavis Luvuno

Asset description

property described as a Toyota Hilux bearing the registration letters and numbers NN83200, chassis/VIN number AHTEX39G207019775 and engine number 2TR7436536 which is currently held by the South African Police Services via Glencoe CAS 97/07/2021under SAP13/194/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].

Identifiers

Company regs
2001/004881/07

From the gazette

                                          IN THE HIGH COURT OF SOUTH AFRICA
                  PIETERMARITZBURG, 2021-08-19, BEFORE THE HONOURABLE JUSTICE MASSOP
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
   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 19 August 2021 in case number 6122/2021P in relation to property
 described as a Toyota Hilux bearing the registration letters and numbers NN83200, chassis/VIN number
 AHTEX39G207019775 and engine number 2TR7436536 which is currently held by the South African Police Services
 via Glencoe CAS 97/07/2021under SAP13/194/2021 (“the property”) [a copy of which can be obtained from the person
 motioned in paragraph 9 hereunder]. This notice is addressed to Mavis Luvuno 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

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 11 Februarie 2022                                         No. 45887   37

     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
     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) 306 244, 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: 2022-02-04.
                                                       ----------oo0oo----------
                                                                                                       Case No. 2021/14626
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                          WESTERN CAPE DIVISION, CAPE TOWN
 WESTERN CAPE DIVISION, CAPE TOWN, 2022-01-18, HONOURABLE MS ACTING JUSTICE WATHEN-FALKEN
In the ex parte application of: COHESIVE RESIDENTIAL (PTY) LTD, Plaintiff, and SKYPROPS 1039 (PTY) LTD,
Defendant, COHESIVE RESIDENTIAL (PTY) LTD (APPLICANT), and SKYPROPS 1039 (PTY) LTD (FIRST
RESPONDENT), COMPANIES AND INTELLECTUAL PROEPRTY COMISSION OF SOUTH AFRICA (SECOND
RESPONDENT)
Having heard counsel for the Applicant and having read the papers filed or record,
IT IS ORDERED THAT:
1.         A rule nisi is issued calling upon all interested persons to appear before the above Honourable Court, at 10h00
on Tuesday, 15 March 2022, to show cause why an Order should not be made in the following terms:
1.1.       declaring the dissolution of the First Respondent, being Skyprops 1039 (Pty) Ltd (registration number
2001/004881/07) be declared void;
1.2.       directing the Second Respondent to restore the First Respondent, being Skyprops 1039 (Pty) Ltd (registration

number 2001/004881/07) on the register of companies and with retrospective effect from 26 August 2016;
1.3.       the assets of the First Respondent immediately prior to its dissolution, including the property situated at Erf
177718 (a portion of Erf 70116), SITUATED AT PLUMBSTEAD IN THE CITY OF CAPE TOWN, ADMINISTTRATIVE
DISTRICT OF THE CAPE, PROVINCE OF WESTERN CAPE be declared to be no longer bona vacantia and are
revested in the First Respondent;
1.4.       directing the First Respondent, being Skyprops 1039 (Pty) Ltd (registration number 2001/004881/07) to file its
returns in compliance with section 33 of the Companies Act 71 of 2008 within 60 days of the granting of this Order;
1.5.       the First Respondent, upon its restoration to the register, be liable to pay the costs of the application, together
with any party opposing the relief sought.
2.         This rule is to be served, by Sheriff:
2.1.       at the registered address of the First Respondent;
2.2.       at the residential address of the First Respondent’s director, Ian Kingsley Wilbert;
2.3.       on the Companies and Intellectual Property Commission of South Africa;
2.4.       on the South African Revenue Services;
2.5.       on the National Minister of Trade and Industry c/o the State Attorney;
2.6.       on the National Minister of Finance c/o the State Attorney; and
2.7.       on the National Minister of Public Works c/o the State Attorney;
3.         The rule is to be published once in:

                                This gazette is also available free online at www.gpwonline.co.za
38  No. 45887                       GOVERNMENT GAZETTE, 11 February 2022

Source