Nkosinathi Mbatha and

Court order seizes property linked to crime · Published 2022-03-11 · What is a POCA?

Party
Nkosinathi Mbatha and
Date
2021-08-19

Case

Court
WESTERN CAPE DIVISION CAPE TOWN

Parties addressed

  • Nkosinathi Mbatha and

Asset description

property described as a white Nissan NP300 Hardbody pick up, with license number JV75VFGP, chassis/VIN number ADNAPGD22ZR115611 and engine number YD25775156T and vehicle trailer with licence registration number NKR29680 which is currently held by the South African Police Services via Glencoe CAS 105/07/2021under SAP13/202/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].

From the gazette

                                                                                                       Case No. 6124 / 2021P
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                   (KwaZulu - Natal Local Division,PIETERMARITZBURG)
                 PIETERMARITZBURG, 2021-08-19, BEFORE THE HONOURABLE JUSTICE MASSOP
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
                        In re: White Nissan NP300 Hardbody pick up, with license number JV75VFGP
   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 Provincial Division, Pietermaritzburg on 19 August 2021 in case number P6124
  / 2021 in relation to property described as a white Nissan NP300 Hardbody pick up, with license number
  JV75VFGP, chassis/VIN number ADNAPGD22ZR115611 and engine number YD25775156T and vehicle trailer
  with licence registration number NKR29680 which is currently held by the South African Police Services via
  Glencoe CAS 105/07/2021under SAP13/202/2021 (“the property”) [a copy of which can be obtained from the person
  motioned in paragraph 9 hereunder]. This notice is addressed to Nkosinathi Mbatha 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
           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 State Attorney
           KZN, Magistrate's Court Building, cnr Otto and Church Street, Pietermaritzburg.
                                                      ----------oo0oo----------

                                        IN THE HIGH COURT OF SOUTH AFRICA
                                       (WESTERN CAPE DIVISION CAPE TOWN)
                                   CAPE TOWN, 2022-02-25, Her Ladyship Van Zyl AJ
       In the application of: BROADWAY TIMBERS PROPRIETARY LIMITED, APPLICANT and NEW EPOCH
                                     DEVELOPMENTS (PTY) LTD, RESPONDENT
  Having read the papers filed of record and having heard the legal representative for the Applicant;
                                            IT IS HEREBY ORDERED THAT:
  1. The Respondent be placed under provisional liquidation.

                                  This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 11 Maart 2022                                         No. 46022   27

2. A rule nisi be issued calling upon the Respondent or any other interested party to show cause, if any, to the
         Honourable Court on 16 March 2022 at 10H00am why an order in the following terms should not be made
         final, viz:
2.1 That the Respondent be placed under final liquidation in the hands of the Master of the above Honourable Court;
         and
2.2 That the cost of this application should be paid from the proceeds of the Respondent's estate in liquidation.
3. Service of this order shall effected on the following interested parties as follows:
3.1 On the Respondent at its registered address;
3.2 Any employees, if any, of the Respondent and any such trade union(s) which may represent the employees of the
         Respondent, if any; by affixing copies thereof to notice boards or outer-principle door or any place accessible
         to such employees and / or trade union(s) representatives at the Respondent's registered address;
3.3 On the office of the South African Revenue Services, Cape Town;
3.4 The Master of the High Court, Cape Town;
3.5 By publication in one local newspaper and in the Government Gazette
BY ORDER OF THE COURT REGISTRAR OF THE COURT
CMB ATTORNEYS Attorneys for the Applicant

                                                   ----------oo0oo----------
                                                                                                      Case No: 19649/2021
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                                (WESTERN CAPE DIVISION)
                        CAPE TOWN, 2022-02-21, Before the Honourable Mr Acting Justice Van Zyl
                 In the matter between: The National Director of Public Prosecutions, Applicant, and
                                              Michael Walters, RESPONDENT
In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect of R1 500 000
in cash that was seized on 4 November 2020 by members of the South African Police Service.
                                                         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 applied for and was granted a preservation of property order in terms of
section 38 of the Prevention of Organised Crime Act, 1998 in the High Court of South Africa (Western Cape Local
Division, Cape Town) on 21 February 2022 under case number 19469/21 in relation to R1 500 000 cash that was
seized by members of the South African Police Service on 4 November 2020. (A copy of the application and order can
be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to 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 and must be delivered to the office of the State Attorney at the
address mentioned in paragraph 9, below.
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

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