THEMBISA JENNIFER NDIYANE and ZAMANI MALUKWANE all persons who may have

Court order seizes property linked to crime · Published 2022-02-25 · What is a POCA?

Party
THEMBISA JENNIFER NDIYANE and ZAMANI MALUKWANE all persons who may have

Case

Case number
301/22
Court
Eastern Cape Local Division, Port Elizabeth

Parties addressed

  • THEMBISA JENNIFER NDIYANE and ZAMANI MALUKWANE all persons who may have

From the gazette

      2. That the respondents or any interested party is called upon to advance reasons, if any, why the Court should
 not order the final sequestration of the respondents' estate on 4 April 2022 at 10h00 or as soon thereafter as the
 matter may be heard;
      3. That the provisional order be served upon the respondents personally;
      4. That the provisional order be published in the Government Gazette and the Citizen Newspaper;
      5. That the costs of this application be costs in the sequestration of the respondents' estate.
      BY ORDER OF COURT
                                                                                                           Case No: 301/2022
                                                                                               P/H of Docex No: 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (Eastern Cape Local Division, Port Elizabeth)
                           Gqeberha, 2022-02-08, Before the Honorable Mister Justice Eksteen
                 In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
                R18 085 in cash seized with interest held at Standard Bank account number: 10165018443
                                       under Uitenhage CAS 228/01/2022 (the property)
                                                           ANNEXURE A
  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
 (Eastern Cape Local Division, Port Elizabeth) under case number 301/22 in re : R18 085 in cash seized with interest
 held at Standard Bank account number: 10165018443 under Uitenhage CAS 228/01/2022 (the property)( a copy of
 which can be obtained from the person mentioned in par 9 hereunder)
 This notice is addressed to THEMBISA JENNIFER NDIYANE and ZAMANI MALUKWANE all 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 POCA 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 POCA. 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 POCA.

 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, you must deliver or serve them on the applicant at the following address:
 STATE ATTORNEY PORT ELIZABETH
 29 Western Road, Central, Port Elizabeth, Tel: 041 585 7921, WaErasmus@justice.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
 PARK, PRETORIA,0127, waerasmus@justice.gov.za, 0415857921.
 Date Submitted: 2022-02-10.
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                                 This gazette is also available free online at www.gpwonline.co.za
                                      STAATSKOERANT, 25 Februarie 2022                                     No. 45948   25

                                                                                                   Case No: 50688/21
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                            (GAUTENG DIVSION, PRETORIA)
                       PRETORIA, 2022-01-21, HONOURABLE MADAM JUDGE MUNZHELELE
                        In the matter between: Averge Technologies (PTY) LTD, Plaintiff, and
                                    Princess Power Electrical (PTY) LTD, Defendant
                                                  Provisional Winding-up
Having Heard counsel for the Applicant and having read the notice of motion and other documents filed of record It is
ordered that:
1. The Respondent be and is hereby placed under provisional winding-up;
2.The Respondent and any other interested party is called upon to show cause why this Court should not order the
final winding-up of the Respondent on 5th April 2022 at 10:00 or so soon thereafter as the matter may be heard.
3. A copy of this order be forthwith served on the Respondent at its registered any business address and that this order
be published in the Government Gazette and in the Citizen Newspaper;
4. A copy of this order be served on the South African Revenue Services and the Master of the High Court.
5. Costs of the application be costs in the winding-up of the Respondent.
By Order of Court - Court Registrar
Weavind and Weavind Inc., Glenfield Office Park, Block E, 361 Oberon avenue, Faerie Glen, Pretoria,
Justus@weavind.co.za, 0123463098.
Date Submitted: 2022-02-09.
                                                    ----------oo0oo----------
                                                                                                 Case No: 47693/2021
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                            (GAUTENG DIVISION, PRETORIA)
                                      PRETORIA, 2022-01-19, JUSTICE KHUMALO
        In the matter between: JACQUESDU PREEZ, Plaintiff, and HENRY EYBERS ID: 741111 5081 08 7
                                         (Married out of community of property)
Having considered the documents filed in this matter and having heard argument:
IT IS ORDERED THAT
1. the estate of HENRY EYBERS be provisionally sequestrated and be placed in the hands of the Master of the above
      Honourable Court;
2. the estate be provisionally sequestrated with return date on 5th of April 2022 on which date the Respondent, or
      any other interested party is called upon to furnish reasons why the order should not be made final;
3. the notice be given to all known creditors;
4. the court order be published in the government gazette;
5. an order of the costs of this application be costs in the sequestration proceedings;
____________________________, REGISTRAR, HIGH COURT
FourieFismerInc, Brooks Plaza West , 305 Brooks Street, Menlo Park, Pretoria, email: dawie@fsf.co.za
FOURIEFISMER INC, 305 BROOKS STREET, MENLO PARK, dawie@fsf.co.za, 0123621681.
Date Submitted: 2022-01-04.
                                                    ----------oo0oo----------

                                                                                            Case No: 7763/2021
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                            (WESTERN CAPE DIVISION)
             CAPE TOWN, 2021-08-24, Before the Honourable Ms Deputy Judge President Goliath
              In the matter between: The National Director of Public Prosecutions, Applicant, and
                Jean De Dieu Sibomana First Respondent, Blaise Kagoma Second Respondent
In re: Application for a forfeiture order in terms of section 48 of the Prevention of Organised Crime Act, 1998
in respect of a Volkswagen Caddy motor vehicle with registration number CF271674, R250 900 in cash and
miscellaneous foreign currency that is subject to a preservation of property order dated 20 May 2021.
                                           In the high court of South Africa
                                        (Western Cape division, cape Town)

                              This gazette is also available free online at www.gpwonline.co.za
26  No. 45948                        GOVERNMENT GAZETTE, 25 February 2022

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