Mncedisi

Court order seizes property linked to crime · Published 2022-04-22 · What is a POCA?

Party
Mncedisi
ID / Reg no
2002/062949/23
Date
2021-11-19

Case

Case number
10610/2021
Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Mncedisi

Asset description

property described as a white Isuzu KB 250D with registration number: NKR38461, chassis number/VIN: ADMTFR54H4A247729, engine number: 4JA1231487 and vehicle register number: FFB609S which is currently held by the South African Police Services via Ladysmith CAS 313/07/2021 under SAP13/232/2021 (“the property”) [a copy of which can be obtained from the person motioned in paragraph 9 hereunder].

Identifiers

Company regs
2002/062949/23

From the gazette

          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 Division, Pietermaritzburg on 19 NOVEMBER 2021 in case number 10610/2021P in
 relation to property described as a white Isuzu KB 250D with registration number: NKR38461, chassis number/VIN:
 ADMTFR54H4A247729, engine number: 4JA1231487 and vehicle register number: FFB609S which is currently held
 by the South African Police Services via Ladysmith CAS 313/07/2021 under SAP13/232/2021 (“the property”) [a copy
 of which can be obtained from the person motioned in paragraph 9 hereunder]. This notice is addressed to Mncedisi
 David Mpungose 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 of Public Prosecutions 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,
 391 Anton Lembede Street, Durban, Tel: (031) 365 2500 Fax: (031) 306 244, State Attorney KZN, Magistrate's Court
 Building, cnr Otto and Church Street, Pietermaritzburg.

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 22 April 2022                                     No. 46256   41

                                                                            Case No: 31388/2021
                               IN THE HIGH COURT OF SOUTH AFRICA
                                   (GAUTENG DIVISION, PRETORIA)
                       PRETORIA, 2022-05-03, HONOURABLE JUSTICE MSIMANG AJ
In the matter between: HYDRO PARK BODY CORPORATE, Applicant, and MANTIK INVESTMENTS CC (REG.
                                  NO.: 2002/062949/23), Respondent

         Having heard Counsel for the parties, the following Order is made:
         1. The rule nisi granted on 24 November 2021, is hereby extended to the opposed motion court roll of 03 May
2022.
         2. The Respondent shall deliver its answering affidavit to the Applicant’s application for winding-up on or
before close of business on 16 March 2022, wherein the Applicant shall also specifically deal with its reasons why the
provisional winding-up order granted on 24 November 2021, should not be made final.
         3. The Applicant shall deliver its replying affidavit, if any, on or before 30 March 2022.
         4. The prevailing practice directives pertaining to the time periods for indexing and pagination of the papers
and the exchange of heads of arguments and practice notes, shall apply thereafter.
         5. In the event that the Respondent fails to comply with the order granted in paragraph 2 above, the application
shall proceed on the opposed motion court roll as ordered in paragraph 1 above, for the confirmation of the rule nisi
and the placing of the Respondent in final winding-up.
         6. A copy of this order shall be:-
         6.1. Served on:-
         6.1.1. The Respondent, at its registered office / main place of
         business, as well as its attorneys or record;
         6.1.2. The employees of the Respondent, if any;
         6.1.3. The trade union of which the Respondent’s employees are members, if any;
         6.1.4. The Master of the High Court, Pretoria; and
         6.1.5. The South African Revenue Services, Pretoria.
         6.2. Published once in the Government Gazette and in The Citizen newspaper;
         7. The costs occasioned by the extension of the rule nisi shall be costs in the cause.

         REGISTRAR.
                                                  ----------oo0oo----------
                                                                                                   Case No. 50518/2021

                                    IN THE HIGH COURT OF SOUTH AFRICA
                                         Gauteng Division, Johannesburg
                               Johannesburg, 2022-02-23, Honourable Judge Keightley
       In the application of: SAMANTHA ELIZABETH COMBRINCK INTERVENING PARTY, Applicant and
                              SAMANTHA ELIZABETH COMBRINCK, RESPONDENT
In re: Ex Parte Applicantion of: CHRISTOFFEL HERMANUS COMBRINCK IDENTITY NUMBER : 860522 5255 080
                                FOR THE VOLUNTARY SURRENDER OF HIS ESATE

HAVING HEARD counsel on behalf of the Applicant and the Intervening Party and after perusal of the documents
filed, the following order is made by agreement between the parties:

1.The Application for the voluntary surrender of the Applicant's estate is postponed to Wednesday, 25 May 2022;

2. The costs occasioned by this postponement are reserved.

                               This gazette is also available free online at www.gpwonline.co.za
42  No. 46256                           GOVERNMENT GAZETTE, 22 April 2022

Source