Robert Sithole

Court order seizes property linked to crime · Published 2022-07-01 · What is a POCA?

Party
Robert Sithole
ID / Reg no
2006/208807/23
Date
2022-05-31

Case

Case number
1514/2022
Court
Eastern Cape Division , Makhanda

Parties addressed

  • Robert Sithole

Asset description

In re: A 2008 2 .4 SE LWB C/Cab 4x4 Nissan Hardbody LDV Diesel with registration number DV 80 GH GP and Chassis / VN ADNJ 290000E001670 which is an instrumentality of an offence , to wit, theft and was seized by the South African Police Services on 1 October 2021 and is held under Aliwal North CAS 01/10/2021

Identifiers

Company regs
2006/208807/23, 2003/021628/07, 2017/019343/07, 2012/034279/07

From the gazette

 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, you must deliver or serve them on the applicant at the following address:
 The State Attorney, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
 PARK, PRETORIA,0127, ASakasa @npa.gov.za, 043 706 5100.
 Date Submitted: 2022-06-22.
                                                        ----------oo0oo-------
                                                                                                          Case No. 1514/2022
                                                                                             P/H or Docex No. 043 706 5100
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                     MAKHANDA DIVISION
                        MAKHANDA, 2021-05-31, BEFORE THE HONOURABLE JUSTICE BESHE
                 In the ex parte application of: The National Director of Public Prosecutions, Plaintiff
 A 2008 2 .4 SE LWB C/Cab 4x4 Nissan Hardbody LDV Diesel with registration number DV 80 GH GP and Chassis /
 VN ADNJ 290000E001670 which is an instrumentality of an offence , to wit, theft and was seized by the South African
 Police Services on 1 October 2021 and is held under Aliwal North CAS 01/10/2021
 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 Division , Makhanda ) on 31 May 2022 in case number 1514/2022 in relation to: In re: A 2008 2 .4 SE
 LWB C/Cab 4x4 Nissan Hardbody LDV Diesel with registration number DV 80 GH GP and Chassis / VN ADNJ
 290000E001670 which is an instrumentality of an offence , to wit, theft and was seized by the South African Police
 Services on 1 October 2021 and is held under Aliwal North CAS 01/10/2021
 This notice is addressed to Robert Sithole and all 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 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.
 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:
 The State Attorney, Ms Sakasa, 17 Fleet Street, East London - 043 706 5100 - ASakasa@npa.gov.za
 Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE, WEAVIND
 PARK, PRETORIA, 0127, ASakasa @npa.gov.za, 043 706 5100.
 Date Submitted: 2022-06-13.
                                                       ----------oo0oo----------
                                                                                                         Case No. M162/2022
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                             NORTH WEST DIVISION, MAHIKENG
              MAHIKENG, 2022-06-20, BEFORE THE HONOURABLE MADAM JUSTICE MAHLANGU, AJ

                                 This gazette is also available free online at www.gpwonline.co.za
                                           STAATSKOERANT, 1 Julie 2022                                     No. 46627   31

    In the matter between: DANLIZ PLANTHIRE AND EARTHMOVING REPAIRS (PTY) LTD (REGISTRATION
    NUMBER: 2012/034279/07), Plaintiff, and STRONGROCK CC (REGISTRATION NUMBER: 2006/208807/23)
                                     PROVISIONAL LIQUIDATION APPLICATION
                              (PROVISIONAL WINDING-UP OF CLOSE CORPORATION)
COURT ORDER IN RE PROVISIONAL LIQUIDATION APPLICATION (PROVISIONAL WINDING-UP OF CLOSE
CORPORATION)
HAVING HEARD MR G G LABUSCHAGNE ON BEHALF OF THE APPLICANT AND HAING READ THE NOTICE OF
MOTION AND OTHER DOCUMENTS FILED OF RECORD;
IT IS ORDERED:
1. THAT: THE RESPONDENT'S CLOSE CORPORATION BE PROVISIONALLY WOUNDED-UP AND PLACED IN
THE HANDS OF THE MASTER OF THE ABOVE HONOURABLE;
2. THAT: RULE NISI BE AND IS HEREBY ISSUED CALLING UPON ALL INTEESTED PARTIES TO APPEAR
BEFORE THE HONOURABLE COURT ON THE 28TH DAY OF JULY 2022 TO SHOW CAUSE WHY:
2.1. THE RESPONDENT'S CLOSE CORPORATION SHOULD NOT BE PLACED UNDER FINAL WINDING-UP:
2.2. THE COST OF THIS APPLICATION SHOULD NOT BE COST IN THE LIQUIDATION;
2.3. THE COST OF THIS APPLICATION BE COSTS IN THE ESTATE OF THE RESPONDENT ON A SCALE AS
BETWEEN ATTORNEY AND CLIENT.
3. THAT: SERVICE OF THIS ORDER HAS TO BE EFFECTED BY:
3.1. ONE PUBLICATION IN EACH OF THE GOVERNMENT GAZETTE AND IN A LOCAL DAILY NEWSPAPER;
3.2. SERVICE ON THE SOUTH AFRICAN REVENUE SERVICES;
3.3. SERVICE ON THE RESPONDENT'S REGISTERED ADDRESS;
3.4. SERVICE ON THE EMPLOYEES OF THE RESPONDENT, IF ANY AND
3.5. SERVICE ON ALL REGISTERED TRADE UNIONS TO WHICH EMPLOYEES OF THE RESPONDENT MAY
BELONG, IF ANY:
3.6. RESPONDENT NEED TO BE SERVED BY EMAIL AS WELL.
STAMPED ON 20 JUNE 2022
BY THE COURT, REGISTRAR.
ATTORNEYS FOR THE APPLICANT: SD NEL ATTORNEYS, 012 111 0231, admin3@sdnel.co.za, REF: DM03.
SD NEL ATTORNEYS, 314 GLENWOOD ROAD, BLOCK A, FIRST FLOOR, LYNNWOOD PARK, PRETORIA,
GAUTENG PROVINCE, admin3@sdnel.co.za, 012 111 0231.
Date Submitted: 2022-06-20.
                                                 ----------oo0oo----------
                                                                                                     Case No. 1492/2022
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT)
                                  MBOMBELA, 2022-05-23, ACTING JUDGE SIBUYI
In the matter between: INTERNATIONAL PROCESS SAFETY CONSULTANTS (SA) (PTY) LTD (Registration No.
2003/021628/07), Plaintiff, and NEW NATION CONSTRUCTION (PTY) LTD (Registration No. 2017/019343/07),
Defendant
HAVING read the documents filed of record, having heard counsel and considered the matter:
IT IS ORDERED THAT:
1. The Respondent is placed under a provisional winding-up order in the hands of the Master of the High Court;
2. A rule nisi is granted whereby the Respondent and any other interested parties are called upon, on 29 August 2022
to show cause why:
2.1 A final winding-up order should not be granted;
2.2 The costs of this Application should not be costs in the administration of the winding-up of the Respondent;
3. The provisional winding-up order be served by the Sheriff on the Respondent at its registered address at 5 JAN
STREET, ROCKY DRIFT, WHITE RIVER, MPUMALANGA;
4. The provisional winding-up order be served on the Respondent's employees at its main place of business situated
at 5 JAN STREET, ROCKY DRIFT, WHITE RIVER, MPUMALANGA;
5. The provisional winding-up order be served on the office of the South African Revenue Service;
6. The provisional winding-up order be sent by registered mail to all known creditors with claims of more than R5 000.00
against the Respondent; and
7. The provisional winding-up order be published in one edition of the "Lowvelder" and "Die Beeld".
8. The provisional winding-up order be published in one edition of the "Government Gazette".
CRONJE, DE WAAL - SKHOSANA INCORPORATED, MABUZA HOUSE, OFFICE BLOCK 3, 99 JACARANDA
AVENUE, WEST ACRES, MBOMBELA, schalk@cdwlaw.co.za, 0137551280.

Date Submitted: 2022-06-23.
                                                 ----------oo0oo----------
                                                                                                   Case No. 28612/2021
                                         IN DIE HOË HOF VAN SUID-AFRIKA
                                           GAUTENG DIVISIE, PRETORIA

                              This gazette is also available free online at www.gpwonline.co.za
32  No. 46627                            GOVERNMENT GAZETTE, 1 July 2022

Source