Notice

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

ID / Reg no
2003/008227/07
Date
2022-05-10

Case

Case number
3309/2022
Court
Western Cape

Asset description

a Nissan Sentra motor vehicle with Reg CX 55864 that was seized by members of the South African Police Service on 19 July 2021. (A copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Company regs
2003/008227/07

From the gazette

 JJR Incorporated Attorneys (Attorneys for the Applicant), 308 Brooks Street, Menlo Park, Pretoria Tel: 012 362 5787
 Email: adri@jjrinc.co.za/ fransu@jjrinc.co.za
 Jarvis Jacobs Raubenheimer Incorporated Attorneys, 308 Brooks Street, Menlo Park, Pretoria, jacobus@jjrinc.co.za,
 0123625787.
 Date Submitted: 2022-06-17.
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                                                                                              Case No. D2601/2022
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                    KWAZULU-NATAL LOCAL DIVISION: DURBAN
                  DURBAN, 2022-06-10, THE HONOURABLE MR ACTING JUSTICE MATHENJWA
             In the application of: CYRIL RICHARD ABBOTT BRABY, RORY LIAM KELLY, Plaintiff,
               PROFILE CREATIONS (PTY) LTD, Registration Number: 1968/013158/07, Defendant
 1. The respondent and all other interested parties, be and are hereby called upon to show cause, if any, to this
 Honourable Court on the 22nd day of July 2022 at 09h30 or so soon thereafter as the matter may be heard why the
 respondent should not be finally wound up;
 2. This order shall operate as an order provisionally winding up the respondent;
 3. A copy of this order shall:
 3.1. be published once in the Government Gazette and once in the Natal Mercury on or before the 8th day of July 2022.
 3.2. be served by the Sheriff of this Court on:
 3.2.1. The company by service on the directors of the respondent who are not party to this application;
 3.2.2. The National Union of Metalworkers of South Africa (NUMSA), the registered trade unions representing the
 respondent's employees,
 3.2.3. the employees of the respondent by affixing to the external gate of the premises from which the respondent
 previously operated, being, 7 Elmfield Place, Springfield Park KwaZulu-Natal; and
 3.2.4. the South African Revenue Services.
 3.3. The Costs of this Application shall be costs in the winding up.
 CAMPBELL ATTORNEYS, 59 BALMORAL DRIVE DURBAN NORTH, 4051, jason@campbellattorneys.co.za,
 0315646494.
 Date Submitted: 2022-06-22.
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                                                                                                         Case No. 3309/2022
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                      EASTERN CIRCUIT LOCAL DIVISION, GEORGE
                           CAPE TOWN, 2022-05-10, Before the Honourable Mr Justice Wille
                    In the matter between: The National Director of Public Prosecutions, Applicant
 In re: application for a preservation of property order in terms of section 38 of the Prevention of Organised
 Crime Act 121 of 1998 in respect of a Nissan Sentra motor vehicle with Reg CX 55864 that was seized by
 members of the South African Police Service on 19 July 2021
                                                            “Annexure A”
   NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
 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 of 1998 in the High Court of South Africa (Western Cape
 Division, Cape Town) on 10 May 2022 in case number 3309/2022 in relation to: a Nissan Sentra motor vehicle with
 Reg CX 55864 that was seized by members of the South African Police Service on 19 July 2021. (A copy of the
 application and order can be obtained from the person mentioned in par 9 hereunder).
 This notice is addressed to all 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 and must be delivered to the office of the State Attorney at the
 address mentioned in paragraph 9, below.
 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.

                                 This gazette is also available free online at www.gpwonline.co.za
                                              STAATSKOERANT, 1 Julie 2022                                          No. 46627   39

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: Mr. Z Karjiker, 4th Floor, 22 Long Street Cape Town.
His contact details are as follows: Private Bag X 9001, Cape Town, 8000. Tel: (021) 441-9274 and Fax: (021) 421-
9364 /. Email: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town, zkarjiker@justice.gov.za, 0214419200.
Date Submitted: 2022-06-01.
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                                                                                                  Case No. 8019/2021
                                                                                                P/H or Docex No. 350
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                            GAUTENG DIVISION, PRETORIA
                      PRETORIA, 2022-05-09, before the Honourable Madam Justice Tlhapi, J
In the matter between: DANIEL TERBLANCHE N.O. In his capacity as business rescue practitioner of PROFERT
HOLDINGS (PTY) LIMITED (in business rescue), Applicant, PROFERT HOLDINGS (PTY) LIMITED (Registration
Number: 2003/008227/07) (in business rescue), First Respondent, THE COMPANIES AND INTELLECTUAL
PROPERTY COMMISSION, Second Respondent, AFFECTED PERSONS OF PROFERT HOLDINGS (PTY)
LIMITED, Third Respondent (Shareholders and creditors per the list annexed to the Notice of Motion marked
annexure “X”)
HAVING read the documents filed of record, heard counsel and having considered the matter, it is hereby ordered that:
1. the order of the High Court of South Africa, Gauteng Division, Pretoria under case number 11239/2017 commencing
business rescue proceedings as envisaged in Section 131 of the Companies Act 71 of 2008 (the “Companies Act”), for
First Respondent is hereby set aside;
2. the business rescue proceedings of First Respondent are hereby discontinued and that First Respondent is herewith
placed under provisional winding-up as envisaged in section 141(2)(a)(ii) of the Companies Act;
3. all persons who have a legitimate interest are called upon to put forward their reasons why the above Honourable
Court should not order the final winding-up of First Respondent on 24 August 2022 at 10:00 am or soon thereafter as
the matter may be heard (the “return date”);
4. a copy of this order to be served on First Respondent at its registered office situated as 43 Ross Street,
Potchindustria, Potchefstroom, North West Province;
5. a copy of this order be published once in the relevant Newspaper and once in the Government Gazette, before the
return date;
6. a copy of this order to be forwarded to each known creditor by electronic mail;
7. a copy of this provisional winding-up order be served on:

7.1 every trade union that, as far as Applicant can reasonably ascertain, represents any of the employees of First
Respondent;
7.2 the employees of First Respondent by affixing a copy of the order to any notice board to which the employees have
access inside First Respondent's premises, or if there is no access to the premises by the employees, by affixing a
copy to the gate, where applicable;
7.3 the directors of First Respondent, namely Mr Chengzhe Wei, Mr Wencai Pan, Mr Wilhelmus Johannes Jacobs and
Mr Sibongiseni Jerome Mthembu by way of email;
7.4 the South African Revenue Service; and
7.5 the Master of the above Honourable Court.
8. The cost of this application are costs in the winding -up on an attorney and client scale.
GERRIT COETZEE ATTORNEYS C/O COETZER AND PARTNERS, P.O. BOX 6023, PRETORIA, 0001,
info@coetzerlaw.co.za, 0123432560.
Date Submitted: 2022-06-24.
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                                                                                                    Case No. 30218/21
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                            GAUTENG DIVISION, PRETORIA
                            Pretoria, 2022-06-08, Honourable Madam Justice, Phahlane J

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

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