Emmanuel Godimo Borancho of 28 Zendeling Street, Flat 05 Rustenburg and

Court order seizes property linked to crime · Published 2022-04-14 · What is a POCA?

Party
Emmanuel Godimo Borancho of 28 Zendeling Street, Flat 05 Rustenburg and
ID / Reg no
2001/021568/23
Date
2020-08-10

Case

Case number
2222/2022
Court
Limpopo Division, Polokwane

Parties addressed

  • Emmanuel Godimo Borancho of 28 Zendeling Street, Flat 05 Rustenburg and

Asset description

a white Toyota Hilux 3.0D4D 4X2 XTRA CAB Motor vehicle with registration number DZD 936 L Chassis number /VIN AHTGZ39GX00008342 and Engine number 1KDA8159, seized by members of the South African Police Services near Musina on 10 August 2020 under CAS docket number CAS 83/08/2020 held at Musina Police Station under reference number SAP 13/907/2020; and e. Cash amount of R16 800.00 seized by members of the South African Police Services near Musina on 10 August 2020 under Case 83/08/2020 held at Mu

Identifiers

Cash amount
R16 800.00
VINs
AHTGZ39GX00008342
Company regs
2001/021568/23

From the gazette

   5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
   appearance referred to in paragraph 4 above;
   6)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;
   7) 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.
   8) 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.
   9) 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.
   10) 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: Mr T. Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
   POLOKWANE, 0699, Reference: 149/22/NT.
   Her contact details are as follows: Private Bag X 9705, POLOKWANE, 0700. Tel: (015) 230 6308 and Email:
   TNkwana@justice.gov.za
   Any correspondence or other enquiries must also be directed to this address or contact number.
   National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
   KMapila@npa.gov.za, 0150450289.
   Date Submitted: 2022-04-04.
                                                      ----------oo0oo----------
                                                                                                         Case No. 2222/2022
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              LIMPOPO DIVISION, POLOKWANE
             POLOKWANE, 2022-03-04, BEFORE THE HONOURABLE: JUDGE PRESIDENT MAKGOBA
             In die ex parte-aansoek van: NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Plaintiff
   In re:
   a. In re: a white Toyota Hilux 3.0 D4D 4X2 XTRA CAB Motor vehicle with registration number DZD 936 L Chassis
   number/VIN AHTGZ39GX00008342 and Engine number 1KDA8159, seized by members of the South African
   Police Services near Musina on 10 August 2020 under CAS docket number CAS 83/08/2020 held at Musina Police
   Station under reference number SAP 13 907/2020.
   b. Cash amount of R16 800.00 seized by members of the South African Police Services near Musina on 10 August
   2020 under CAS docket number CAS 83/08/2020 held at Musina Police Station under reference number SAP 13
   907/2020.
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
   d. 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, No.121 0of 1998 in the High Court of South Africa
   (Limpopo Division, Polokwane) on the 04th day of March 2022 in case number 2222/2022 in relation to: a white
   Toyota Hilux 3.0D4D 4X2 XTRA CAB Motor vehicle with registration number DZD 936 L Chassis number /VIN

   AHTGZ39GX00008342 and Engine number 1KDA8159, seized by members of the South African Police Services
   near Musina on 10 August 2020 under CAS docket number CAS 83/08/2020 held at Musina Police Station under
   reference number SAP 13/907/2020; and
   e. Cash amount of R16 800.00 seized by members of the South African Police Services near Musina on 10 August
   2020 under Case 83/08/2020 held at Musina Police Station under reference number SAP 13 907/2020; and
   f. Cash amount of R7500.00 seized by members of the South African Police Services in Polokwane on 18
   September 2020 under
   Polokwane CAS 617/09/2021 and held at Polokwane Police Station under reference number SAP 13 38/2020.(a
   copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
   1. This notice is addressed to Emmanuel Godimo Borancho of 28 Zendeling Street, Flat 05 Rustenburg and
   Mathews Karabo Maponyane of MK0204 Extension 10, Sunrise Park next to Soccer Field, Rustenburg, North
   West Province and all other persons who may have an interest in the property described above.
   Take notice that:
   2) 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.
   3) 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 an order declaring the property forfeit to the state. The order will remain
   in force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
   4) 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 sections 39(3), (4) and (5)
   of the POCA. An appearance must comply with these requirements;

                                 This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 14 April 2022                                        No. 46239   27

5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 4 above;
6) 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;
7) 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.
8) 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.
9)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.
10) 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: Mr Tshepo Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street,
Polokwane, 0699, Reference: 230/22/NT.
Her contact details are as follows: Private Bag X 9705, POLOKWANE, 0700. Tel: (015) 230 0310 and Fax 086
452 8838.
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON,
KMapila@npa.gov.za, 0150450289.
Date Submitted: 2022-04-04.
                                                 ----------oo0oo----------
                                                                                                Case No. 63784/2020
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          GAUTENG DIVISION, PRETORIA
                                        PRETORIA, 2022-02-21, KOOVERJIE
         In the matter between: FIRSTRAND BANK LIMITED Applicant, and AQUAVISTA PORTION 4
                   CLOSE CORPORATION (Registration number: 2001/021568/23) Respondent
     AFTER HAVING READ THE PAPERS, HEARD THE PARTIES AND CONSIDERED THE MATTER, THE
                FOLLOWING COURT ORDER IS MADE BY AGREEMENT BETWEEN THE PARTIES:
1.       The respondent is hereby placed under provisional winding-up in the hands of the Master of the High
         Court.
2.       The respondent and any other party who wishes to avoid the order in paragraph 1 being made final, are
         called upon to give reasons, if any, why this Court should not grant a final order in those terms on the 31st
         day of May 2022 at 10h00 or as soon thereafter as the matter may be heard.
3.       A copy of this order shall be effected as follows:
3.1      on all known creditors of the respondent by pre-paid registered post;
3.2      by publication hereof once in the Business Day and the Government Gazette;
3.3      on the Master of this Court;
3.4      on the South African Revenue Services;
3.5      by the Sheriff of this Court on:
3.5.1 the respondent at its registered office;
3.5.2 all the employees of the respondent, if any, by affixing a copy of this order to any notice board to which
         the employees have access inside the respondent's premises, or if there is no access to the premises by

         the employees, by affixing a copy of this order to the front gate, where applicable, failing which the front
         door of the respondent's premises;
3.5.3 all trade unions of which the employees of the respondent are members, if any.
4.       The Respondent consents to the provisional liquidation order being made a final order on the return day,
         31 May 2022, if the debt owed by the Respondent to the Applicant is not paid in full. The debt amounts to
         R 8 003 885.42 together with interest thereon at the rate of 9.25% per annum, calculated daily and
         compounded monthly in arrears from 21 July 2020 to date of payment, both days inclusive, and costs of
         this application on an attorney-and-client scale.
5.       It is recorded that the Respondent withdraws its opposition to this application.
6.       The costs of this application will be costs in the winding-up of the respondent.
Roxanne Webster, 96 Rivonia Road, Sandton, rwebster@werksmans.com, 0115358221.
Date Submitted: 2022-03-23.
                                                 ----------oo0oo----------
                                                                                              Case No. D11018/2021
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                  KWAZULU-NATAL LOCAL DIVISION: DURBAN
                     DURBAN, 2022-03-14, BEFORE THE HONOURABLE JUSTICE ZP NKOSI
           In the matter between: SOUTH AFRICAN PAYMENT EXCHANGE (PTY) LTD, Plaintiff, and
                                     SINGHS BROKERS (PTY) LTD, Defendant

                             This gazette is also available free online at www.gpwonline.co.za
28  No. 46239                          GOVERNMENT GAZETTE, 14 April 2022

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