ELTON MULLER

Court order seizes property linked to crime · Published 2022-04-01 · What is a POCA?

Party
ELTON MULLER
ID / Reg no
2016/016468/07

Case

Case number
758/22
Court
Eastern Cape Local Division, Port Elizabeth

Parties addressed

  • ELTON MULLER

Identifiers

Company regs
2016/016468/07, 2005/002810/07

From the gazette

                                                                                                         Case No. 53773/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                    Gauteng Division, Pretoria
                                    Pretoria, 2022-03-10, Honourable Judge Munzhelele
          In the matter between: Automark Motors (Pty) Ltd, Applicant, and Andre Wiehahn, Respondent
 HAVING read the documents filed of record, heard counsel and considered the matter:
 IT IS ORDERED THAT:
 1. That the respondent's estate be provisionally sequestrated and placed in the hands of the Master of the High Court;
 2. That the respondent or any interested party is called upon to advance reasons, if any, why the Court should not order
 the final sequestration of the respondent's estate on 12 May 2022 at 10h00 or as soon thereafter as the matter may be
 heard;
 3. That the provisional order be served upon the respondent 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 respondent's estate.
 BY ORDER OF COURT
 Herman Esterhuizen Smalman Attorneys, Glenfield Office Park, Block F, First Floor, Oberon Avenue, Faerie Glen,
 Pretoria, tanya@smalman.co.za, (012)342-4241.
 Date Submitted: 2022-03-25.
                                                       ----------oo0oo----------
                                                                                                         Case No. 59038/2021
                                                                                                            Case No. 758/2022
                                                                                             P/H or Docex No. 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                            Gqeberha, 2022-03-22, Before the Honorable Madam Justice Rusi
                      In the ex parte application of: The National Director of Public Prosecutions
 R15 041 IN CASH SEIZED AT 98 WILD STREET, SCHAUDERVILLE, GQEBERHA ON 16 JANUARY 2022 AND HELD
 BY SAPS IN SAP'S ABSA SUSPENSE ACCOUNT UNDER PROVINCIAL ORGANISED CRIME ENQUIRY DOCKET
 2/01/2022 (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 758/22 in re : R15 041 in cash seized at 98 Wild
 Street, Schauderville, Gqeberha on 16 January 2022 and held by SAPS in SAP's ABSA Suspense Account under
 Provincial Organised Crime Enquiry Docket 2/01/2022 (the property)( a copy of which can be obtained from the person
 mentioned in par 9 hereunder)
 This notice is addressed to ELTON MULLER and 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 1 April 2022                                     No. 46161   31

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: 2022-03-23.
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                                                                                                   Case No. 9275/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                              Limpopo Division, Polokwane
                       Polokwane, 2022-03-22, Before the Honourable Justice Makwenya AJ
In the matter between: Adriaan Willem van Rooyen N.o., First Applicant, Mabatho Shirley Motimele N.o., Second
Applicant (In their capacities nomino officio as the dulu appointed joint provisional liquidators in the insolvent
estate of Tumi Mokwena Incorporated), Morapedi Roy Mokwena, ID No: 731216 5273 089
                                             Provisional Sequestration Order
                                       PROVISIONAL SEQUESTRATION ORDER
Having read the papers filed off record, considered the matter and having heard counsel for the parties:
It is ordered that:
1. The estate of the Respondent is placed under provisional sequestration in the hands of the Master of the High Court,
Polokwane;
2. The Respondent and all other interested parties are called upon to show cause, if they so wish, on 01 June 2022, at
10h00 or as soon thereafter as counsel for the Appilcants may be heard ("the return date"), why the Respondent's
estate should not be finally sequestrated;
3. Leave is granted to serve the order by e-mail upon the Respondent at tumimokwena@icloud.com and by hand upon
his current attorneys of record, Kutullo Kgafane Attorneys, at 128 Marshall Street, Polokwane;
4. Copies of this order are to be served by sheriff or deputy sheriff upon the Respondent's employees, if any, and if
applicable, on any trade unions representing such employees,at unit 2 La Toscana Complex, corner of Hoog- and
Grobler Street, Polokwane;
5. Copies of this order are to be published once in the Government Gazette and the Polokwane Observer Newspaper;
6. The costs of the application are costs in the administration of the estate of the Respondent.
Coombe Commercial Inc, Unit 5, Erf 615, 77 Amatole Street, Western Gate, N4 Gateway Industrial Park, Willow Park
Manor, lar@coombe.co.za, 0121110972.
Date Submitted: 2022-04-01.
                                                   ----------oo0oo----------
                                                                                                  Case No. 46990/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                                 Gauteng Division, Pretoria
                               Pretoria, 2022-03-09, Before the Honourable Justice Davis
             In the matter between: MBT Petroleum (Pty) Ltd, Reg No: 2005/002810/07, Plaintiff, and
                       Star Energy Resources (Pty) Ltd, Reg No: 2016/016468/07, Defendant
                                               Provisional Liquidation Order
                                         PROVISIONAL LIQUIDATION ORDER
The Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of
the Court and is submitted electronically to the Parties/their legal representatives by email. The Order is further
uploaded tot he electronic file on CaseLines by the Judge or his/her secretary. The date of this order is deemed to be
09 March 2022.

Having read the papers, having heard counsel on behalf of the parties and having considered the matter, the following
order is made:
1. The Respondent be and hereby is placed under provisional liquidation;
2. The Respondent and any other party who wishes to avoid such an order being made final are called upon to advance
reasons, if any, why the court should not grant a final order of liquidation of the Respondent on 25th day of April 2022
at 10h00 or as soon thereafter as the matter may be heard;
3. The order must be served on the Respondent's registered address as well as on its employees and Trade Unions,
if any;
4. The order must be served on the Master of the High Court and the South African Revenue Services;
5. This order must be advertised once in the Government Gazette and once in the Citizen and local newspaper;
6. Costs of the application to be costs in the liquidation.
Coombe Commercial Inc, Unit 5, Erf 615, 77 Amatole Street, Western Gate, N4 Gateway Industrial Park, Willow Park
Manor, leg@coombe.co.za, 0121110972.
Date Submitted: 2022-03-22.
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                              This gazette is also available free online at www.gpwonline.co.za
32  No. 46161                           GOVERNMENT GAZETTE, 1 April 2022

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