Mlungisi Dlulisa and any

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

Party
Mlungisi Dlulisa and any
ID / Reg no
1988/001859/23

Case

Case number
9255/21
Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Mlungisi Dlulisa and any

Asset description

property described as a white Toyota Hilux with registration number NIX 9904 which is currently held by the South African Police Services via Ixopo CAS 43/07/2021 under SAP13/620/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].

Identifiers

Company regs
1988/001859/23

From the gazette

                                                                                                      Case No. 9255/2021P
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                  KwaZulu - Natal Local Division, PIETERMARITZBURG
                  PIETERMARITZBURG, 2021-10-22, BEFORE THE HONOURABLE JUSTICE GANI
   In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT, and
                                a white Toyota Hilux with registration number NIX 9904
 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 22nd day of October in case number 9255/21P in relation to
property described as a white Toyota Hilux with registration number NIX 9904 which is currently held by the South
African Police Services via Ixopo CAS 43/07/2021 under SAP13/620/2021 (“the property”) [a copy of which can be
obtained from the person motioned in paragraph 9 hereunder]. This notice is addressed to Mlungisi Dlulisa 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.
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: 2021-11-17.
                                                    ----------oo0oo----------
                                                                                                      Case No. 43617/2020
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                             GAUTENG DIVISION, PRETORIA
                                             PRETORIA, 2021-12-03, AJ BAM
In the matter between: ABSA BANK LIMITED, Plaintiff, and THE COMPANIES AND INTELLECTUAL PROPERTY
COMMISSION, THE REGISTRAR OF DEEDS, PRETORIA, THE DEPARTMENT OF PUBLIC WORKS OF THE
REPUBLIC OF SOUTH AFRICA, SOUTH AFRICAN REVENUE SERVICE, THE NATIONAL TREASURY
DEPARTMENT OF THE REPUBLIC OF SOUTH AFRICA, JACQUES BEZUIDENHOUT (Identity number: 701006
5004 089), JOLENE COURTNEY (Identity number: 690329 0008 084)
1. A rule nisi is issued returnable on 20 April 2022 calling upon the Respondents to show cause, if any, by way of
affidavit, why an order should not be made in the following terms:
1.1 That the dissolution of Boekenhout Gedeelte 42 CC (Registration Number: 1988/001859/23) (hereinafter
“Boekenhout Gedeelte 42 CC”) by the First Respondent is declared void in terms of Section 26 of the Close
Corporations Act, 69 of 1984 read together with Section 83(4) of the Companies Act, 70 of 2008.

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

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