Notice

Court order seizes property linked to crime · Published 2022-07-08 · What is a POCA?

ID / Reg no
2013/001950/07

Case

Case number
9815/2022
Court
Western Cape

Asset description

a maroon Volkswagen tsi with registration CA904873 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

Identifiers

Company regs
2013/001950/07

From the gazette

 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 Monday, 14 June 2022 in case number 9815/2022 in relation to: a maroon Volkswagen tsi
 with registration CA904873 (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.

 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 8 Julie 2022                                        No. 46678   47

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: 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.
                                                    ----------oo0oo----------

                                                                                 Case No. 2576/2022
                                 IN THE HIGH COURT OF SOUTH AFRICA
                                    LIMPOPO DIVISION, POLOKWANE
                            POLOKWANE, 2022-03-29, ACTING JUDGE MAKOTI
  In the matter between: FIRSTRAND BANK LIMITED, Applicant and NEW MAST BUILDIG HARDWARE PTY
                        LIMITED (Registration number 2013/001950/07), Respondent

Having considered the documents filed of record and having heard counsel,

1. The respondent is placed under provisional winding-up in the hands of the Master of the High Court of South Africa
("the Master").
2. All persons who have a legitimate interest are called upon to put forward reasons why this court should not order the
final winding-up of the respondent on 26 JULY 2022 at 10h00 or so soon thereafter as the matter may be heard.
3. Service of this order is to be effected:-
3.1 By publication in the Business Day and the Government Gazette.
3.2 On the Master of this Court.
3.3 On the South African Revenue Service.
3.4 By the Sheriff of this Court on:
3.4.1 The Respondent at its registered office.
3.4.2 All the employees of the Respondent by affixing a copy of this order to any notice board to which the employees
have access inside the respondent's premises, by affixing a copy of this order to the front gate, where applicable, failing
which to the front door of the premises from which the respondent conducted any business at the time of the service of
this order.
3.4.3 All trade unions of which the employees of the respondent are members, if any.
4. Costs of this application are in the winding-up of the respondent

BY ORDER OF THIS COURT
THE REGISTRAR

                                This gazette is also available free online at www.gpwonline.co.za
48  No. 46678                            GOVERNMENT GAZETTE, 8 July 2022

Source