Henik Fikire Goshiso residing at Ben Farm rooms, Majeje, Lulekani, Phalaborwa, Limpopo

Court order seizes property linked to crime · Published 2022-04-29 · What is a POCA?

Party
Henik Fikire Goshiso residing at Ben Farm rooms, Majeje, Lulekani, Phalaborwa, Limpopo
Date
2019-12-16

Case

Case number
1667/2022
Court
Limpopo

Parties addressed

  • Henik Fikire Goshiso residing at Ben Farm rooms, Majeje, Lulekani, Phalaborwa, Limpopo

Asset description

a white Toyota Hilux Motor Vehicle with registration number DFX 906 MP Chassis number AHTCZ39G105000986 and Engine number 1KD7004897 seized by the South African Police Services at the Lulekani policing area on 16 December 2019 under case docket Lulekani CAS 111/12/2019 and held at Lulekani police station with reference SAP 13 517/2019 .(a copy of the application and order can be obtained from the person mentioned in par 10 hereunder). 1.

From the gazette

                                                                                                         Case No. 10379/2021
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                               GAUTENG DIVISION, PRETORIA
                              PRETORIA, 2022-04-04, HONOURABLE JUDGE NEUKIRCHER
    T.H SAMONS // MAXIMUM DISCOUNT CLOTHING SHOP CC, THOMAS HENDRICK SAMONS, Plaintiff, and
                                  MAXIMUM DISCOUNT CLOTHING SHOP CC, Defendant
                                             PROVISIONAL LIQUIDATION ORDER
 After having read the papers filed of record, and hearing counsel for the applicant, the following is made an order of
 court:
 1.     The amendments to the notice of motion, in terms of the notice of intention to amend dated 17 December 2021,
        are granted.
 2.     The business rescue proceedings of the respondent are discontinued.
 3.     The respondent is placed under provisional liquidation in the hands of the Master of the High Court of South Africa,
        Pretoria.
 4.     A rule nisi is issued, returnable on 06 June 2022 on which date the respondent, and any other party who wishes
        to avoid the provisional order being made final, are called upon to advance reasons, if any, why the court should
        not grant a final order for the respondent's liquidation.
 5.     The rule nisi is to be published once each in the Government Gazette and the Citizen newspaper.
 6.     The costs of the application are costs in the liquidation.
 A. DELPORT ATTORNEYS, DELMONDO OFFICE PARK, 169 GARSFONTEIN ROAD, PRETORIA, 0823265507.
 Date Submitted: 2022-04-13.
                                                      ----------oo0oo----------
                                                                                                          Case No. 1667/2022
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                              LIMPOPO DIVISION, POLOKWANE
            POLOKWANE, 2022-02-18, Before the Honourable: Judge President Makgoba, in Chambers
 In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 A white Toyota Hilux Motor Vehicle with registration number DFX 906 MP Chassis number
 AHTCZ39G105000986 and Engine number 1KD7004897 seized by the South African Police Services at the
 Lulekani policing area on 16 December 2019 under case docket Lulekani CAS 111/12/2019 and held at Lulekani
 police station with reference SAP 13 517/2019
       IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
        NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
 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 18th day of February 2022 in case number 1667/2022 in relation to: a white Toyota Hilux
 Motor Vehicle with registration number DFX 906 MP Chassis number AHTCZ39G105000986 and Engine number
 1KD7004897 seized by the South African Police Services at the Lulekani policing area on 16 December 2019 under
 case docket Lulekani CAS 111/12/2019 and held at Lulekani police station with reference SAP 13 517/2019 .(a copy
 of the application and order can be obtained from the person mentioned in par 10 hereunder).
 1. This notice is addressed to Henik Fikire Goshiso residing at Ben Farm rooms, Majeje, Lulekani, Phalaborwa, Limpopo
 Province, and to 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;
 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 29 April 2022                                        No. 46291   39

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: 214/22/NT. His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230
6310 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,
KMasekoameng@npa.gov.za, 0150450195.
Date Submitted: 2022-04-19.
                                                   ----------oo0oo----------
                                                                                                    Case No: 61371/2021
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                                  (GAUTENG DIVISION)
                                           PRETORIA, 2022-04-01, J KUMALO
 In the matter between: THE BODY CORPORATE WONDERPARK ESTATE, Applicant, and FRANS TSHEPISO
                                                 PHALANE, Respondent
          IN THE HIGH COURT OF SOUTH AFRICA
          (GAUTENG DIVISION, PRETORIA)
          Case No: 62428/2021
          In the matter between:
          THE BODY CORPORATE WONDERPARK ESTATE(APPLICANT)
          and
          FRANS TSHEPISO PHALANE (RESPONDENT)
          1. That the Respondent FRANS TSHEPISO PHALANE be sequestrated and his estate be placed in the hands
of the Master of the High Court;
          2. That the costs of the application be costs of the sequestration on a scale of attorney and client in terms of
Rule 31(5) of Annexure 8 to the Sectional Title Act 95 of 1986;
          3. That a rule nisi be issued calling upon Respondent and all persons interested to show cause, if any, on 16
May 2022 by the above Honourable Court, as to why the Respondent should not be placed under a final order of
sequestration.
          PRETORIUS LE ROUX INC.
          ATTORNEYS FOR APPLICANT
          Tel: (012) 342-1797
          File no: LS0008
          Ref: D Pereira; daniella@plrlaw.co.za
                                                   ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
  40  No. 46291                         GOVERNMENT GAZETTE, 29 April 2022

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