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.
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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.
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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.
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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