David Roberts and Nathan van der Westhuizen

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

Party
David Roberts and Nathan van der Westhuizen
Date
2021-09-21

Case

Court
on 21 September 2021 under case no EL 1254/2021 In re: R11 508 in cash (the proper

Parties addressed

  • David Roberts and Nathan van der Westhuizen

From the gazette

                                                      Case No.: 8667/2021
                                         Cape Town: Wednesday 27 October 2021
                                         Before the Honourable Mr Justice Samela
                 In the matter between: The National Director of Public Prosecutions, Applicant, and
                                               Ashley Ryneveldt, Respondent
  In re: Application for a forfeiture order in terms of section 48 of the Prevention of Organised Crime Act, 1998
        in respect of R11 343 in cash that is subject to a preservation of property order dated 28 May 2021.
                                                              Draft order
 Having read the Notice of Motion, and its related affidavits and annexures, and having heard counsel for the applicant,
 State Attorney, Zaheer Karjiker 021 4419200
 It is hereby ordered that:
 1. An order is granted in terms of the provisions of section 53 of the Prevention of Organised Crime Act 121 of 1998
 (POCA) declaring forfeit to the State R11 343, in cash (property) seized by members of the South African Police Service
 (SAPS) on 14 January 2018 that is currently subject to a preservation of property order granted by this court under the
 above case number on 28 May 2021.
 2. The registrar of this court is directed in terms of section 50(5) of POCA to publish a notice of this order in the
 Government Gazette as soon as practicable after the order is made.
 3. As soon as this order takes effect as provided for in terms of section 50(6) of POCA, read with section 54(1) thereof,
 Captain Cornay du Plessis of the SAPS or any responsible officer in the SAPS who is in control of the SAPS bank
 account number 4054522787 held at ABSA, is authorised and directed to cause the property to be paid into the banking
 account of the Criminal Asset Recovery Account held at the Reserve Bank, account number 80303056 established
 under section 63 of POCA.
 BY ORDER OF THE COURT
 COURT REGISTRAR
 Box 30 State Attorney CAPE TOWN Zaheer Karjiker 021 4419200
 National Prosecuting Authority, Cape Town 22 Long Street, zkarjiker@justice.gov.za, 0214419200.
 Date Submitted: 2022-02-16.
                                                       ----------oo0oo----------
                                                                                                     Case No: EL 1254/2021
                                                                                             P/H or Docex No. 043 706 5100
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                        (EAST LONDON CIRCUIT LOCAL DIVISION)
                      CAPE TOWN, 2022-02-21, Before the Honourable Mr Acting Justice Van Zyl
                 In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
 In re: R11 508 in cash (the property) which is proceeds of unlawful activity which was seized by the South
 African Police Service (the SAPS) in Pefferville, near East London on 23 July 2021 and is held under Buffalo
 Flats CAS 12-15/08/2021
                                                           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
 on 21 September 2021 under case no EL 1254/2021 In re: R11 508 in cash (the property) which is proceeds of unlawful
 activity which was seized by the South African Police Service (the SAPS) in Pefferville, near East London on 23 July
 2021 and is held under Buffalo Flats CAS 12-15/08/2021. (a copy of which can be obtained from the person motioned
 in par 9 hereunder.
 This notice is addressed to David Roberts and Nathan van der Westhuizen and all 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 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 11 Maart 2022                                           No. 46022   31

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:
The State Attorney, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706 5100.
Date Submitted: 2022-03-01.
                                                     ----------oo0oo----------

                                                                                                   Case No: 16232/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                                 (Gauteng Division, Pretoria)
                         Pretoria, 2021-10-13, Before the Honourable Judge Phahlamohlaka
                    In the matter between: Eath Con Trading Enterprise (Pty) Ltd, Plaintiff, and
                                       Mintologicca Mining (Pty) Ltd, Defendant
                                                   Liquidation Application
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. A rule nisi is issued calling upon any interested party to appear and show cause, if any, to the Court on 22
NOVEMBER 2021 at 10:00, why a provisional order should not be made final.
3. A copy of this order shall be:
3.1 Served on:-
3.1.1 the Respondent at its registered office;
3.1.2 the employees of the Respondent, if any;
3.1.3 the trade union of which the Respondent employees are members, if any;
3.1.4 The Master of the High Court, Pretoria; and
3.1.5 The South African Revenue Service, Pretoria.
3.2 Published once in the Government Gazette and in the The Citizen newspaper.
4. Costs of this application are costs in the liquidation.
OJ Botha Attorneys, Sunwood Office Park, Block 1, First Floor 379 Queens Crescent, Lynnwood, Pretoria,
info@ojbotha.co.za, 0128197901.
Date Submitted: 2022-02-24.
                                                    ----------oo0oo----------
                                                                                                    Case No: 2020/9865
                                                                              P/H or Docex No. Docex 3, Highlands North
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG LOCAL DIVISION, JOHANNESBURG)
   GAUTENG LOCAL DIVISION, JOHANNESBURG, 2022-02-28, BEFORE THE HONOURABLE JUDGE MUDAU
    In the matter between: KIC SA (PTY) LTD, Applicant, and EDITH VENTER PROMOTIONS CC, Respondent
HAVING read the documents filed of record and having considered the matter: -
IT IS ORDERED THAT
1. The Respondent is hereby placed under provisional winding up.
2. All persons who have a legitimate interest, are called upon to put forward their reasons why this Court should not
order the final winding up of the Respondent on 11 April 2022 at 10h00 or as soon thereafter as the matter may be
heard.
3. A copy of this order be served on the Respondent at its registered office.
4. A copy of this order be published forthwith once in the Government Gazette and any local daily English newspaper.
5. A copy of this order be forwarded to each known creditor by prepaid registered post or by email.
6. A copy of this order be forwarded to each of the established employees of the Respondent by prepaid registered
post or by email.
7. A copy of this order be served on the employee's trade union, if any, at the Respondent's registered office.
8. A copy of this order must be served on the South African Revenue Services.

                                This gazette is also available free online at www.gpwonline.co.za
32  No. 46022                        GOVERNMENT GAZETTE, 11 March 2022

Source