Notice

Court order seizes property linked to crime · Published 2022-07-22 · What is a POCA?

ID / Reg no
2009/009922/07

Case

Case number
5919/2022
Court
Western Cape Division,

Asset description

property described as the cash amounts of R1900 and R285 731.60 seized by members of the South African Police Service on 18 March 2020 and 19 March 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

Identifiers

Company regs
2009/009922/07, 2002/010163/23, 2008/022302/07

From the gazette

                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                 (WESTERN CAPE DIVISION)
                              CAPE TOWN, 2022-06-08, Before the Honourable Mr Justice Wille
      In the matter between: The National Director of Public Prosecutions, Applicant, and JOSEPH BATAZAL
                                                     EMILI, RESPONDENT
 In re: In re: An application in terms of section 38 of the Prevention of Organised Crime Act, 1998 for a preservation of
 property order for the cash amounts of R1900 and R285 731.60 seized by members of the South African Police
 Service on 18 March 2020 and 19 March 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, 1998, in the High Court of South Africa (Western Cape Division,
 Cape Town) on 8 June 2022, in case number 5919/2022, in relation to: property described as the cash amounts of
 R1900 and R285 731.60 seized by members of the South African Police Service on 18 March 2020 and 19 March 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, 22 Julie 2022                                          No. 47058   29

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,
5th Floor, 22 Long Street, CAPE TOWN. His contact details are as follows: Tel: (021) 441-9301. E-mail:
ZKarjiker@justice.gov.za.
 National Prosecuting Authority, 22 Long Street, Cape Town. Tel: (021) 441-9200. E-mail: zkarjiker@justice.gov.za.
Date submitted: 2022-06-28.
                                                     ----------oo0oo----------

                                                                                                      Case No: D2323/2022
                                                                                                  P/H of Docex: 91, Durban

                                      IN THE HIGH COURT OF SOUTH AFRICA
                                   (KWAZULU-NATAL LOCAL DIVISION, DURBAN)
                       Durban, 2022-06-03, BEFORE THE Honourable Mr Acting Justice Mdladla
        In the matter between: The Standard Bank of South Africa Limited and Novel Idea Trading 84 CC
                                              (Reg No: 2002/010163/23)
                                                       It is ordered:
1. Novel Idea Trading 84 CC (hereinafter called "the Respondent") and all other interested parties are called upon to
show cause, if any, before this court on the 04th day of August 2022 at 09h30 in the forenoon or as soon thereafter
as counsel may be heard, why the Respondent should not be wound up
2. This order shall operate as an order provisionally winding up the Respondent
3. A copy of this order shall be served upon:
a) The South African Revenue Service; and
b) The Respondent at its registered at 21 Ganges Road, Merebank, Durban, KwaZulu-Natal.
4. This order shall be published on or before 29th day of July 2022 once in the Government Gazette and once in a
daily newspaper published in Durban and circulating in KwaZulu-Natal.
Shepstone & Wylie, 24 Richefond Circle, Ridgeside Office Park, Umhlanga Rocks. Tel: (031) 575-7525. E-mail:
nmoodley@wylie.co.za.
Date submitted: 2022-06-15.
                                                 ----------oo0oo----------

                                                                                               Case No: D11324/2021
                                                                                   ANNEXURE: DRAFT ORDER PRAYED

                                      IN THE HIGH COURT OF SOUTH AFRICA
                                       (KWAZULU-NATAL DIVISION, DURBAN)
             DURBAN, 2022-06-09, BEFORE THE HONOURABLE MR JUSTICE PLOOS VAN AMSTEL
In the matter between: RSB AUTOMOTIVE REFINISHING PAINTS BODY PARTS AND ACCESSORIES (PTY) LTD,
trading as the RSB AUTO GROUP (Registration Number 2009/009922/07), and ZIKHULISE AUTO RECOVERIES
(PTY) LTD (Registration Number 2008/022302/07)
In re: LIQUIDATION APPLICATION.
            RSB AUTOMOTIVE REFINISHING PAINTS BODY PARTS AND ACCESSORIES (PTY) LTD,
                trading as the RSB AUTO GROUP VS ZIKHULISE AUTO RECOVERIES (PTY) LTD
                                                    COURT ORDER
1. The matter is adjourned to 4 August 2022;
2. The provisional order is extended to that date.
R C CHRISTIE INCORPORATED, 69 - 71 FOURTEENTH AVENUE, EDENVALE, GAUTENG. Tel: (011) 452-7701.
E-mail: elsabe@rcchristie.co.za.
Date submitted: 2022-06-14.
                                                 ----------oo0oo----------

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 47058                           GOVERNMENT GAZETTE, 22 July 2022

Source