1) Clement Kiroud

Court order seizes property linked to crime · Published 2023-03-17 · What is a POCA?

Party
1) Clement Kiroud
ID / Reg no
2006/021576/07
Date
2022-11-01

Case

Case number
2022-038104
Court
Gauteng

Parties addressed

  • 1) Clement Kiroud

Asset description

1. A White Scania truck withe registration number B 275 BNJ, chassis no 9BSR6X40003907678, engine no DC13106L018296908, a trailer with registration number B 247 ASH and 7 Ingots of copper sheets held at Pretoria West vehicle pound registered under SAP 13/631/2022, with criminal case docket Sinoville CAS 353/08/2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)

Identifiers

Company regs
2006/021576/07, 2020/517562/07, 2007/016693/07

From the gazette

  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 (Gauteng
  Division, Pretoria) on 1 November 2022 in case number 2022-038104 in relation to: 1. A White Scania truck withe
  registration number B 275 BNJ, chassis no 9BSR6X40003907678, engine no DC13106L018296908, a trailer with
  registration number B 247 ASH and 7 Ingots of copper sheets held at Pretoria West vehicle pound registered under
  SAP 13/631/2022, with criminal case docket Sinoville CAS 353/08/2022.
   (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)
  This notice is addressed to 1) Clement Kiroud, whose last known address is 13 Shashe, Francistown, Botswana.
  2) Vincent Richard whose last known address 11482 Block 8 Francistown, Botswana and 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 an 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 Act. 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;
  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 Act;
  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 addresses:THE STATE ATTORNEY:Mr
  K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria.His contact details are as follows: Private Bag X
  91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. Email:
  KKgapola@justice.gov.za and CLSibiya@npa.gov.za
                                                   ----------oo0oo----------
                                                                                                    Case No: 40315/2022
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 17 Maart 2023                                        No. 48204   39

     PRETORIA, 2023-01-18, HONOURABLE MADAM JUSTICE BAM (Matter 41 - Heard via MS Teams)
In the matter of: SB GUARANTEE COMPANY (RF) (PTY) LTD (REGISTRATION NUMBER: 2006/021576/07)
      Applicant, and BILLYBOY MAROALA RAMATHESELE (IDENTITY NUMBER: 770401 5771 08 2),
                                        Respondent

[This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar
of the Court and is submitted electronically to the Parties/their legal representatives by email. This Order is further
uploaded to the electronic file of this matter on Case Lines by the Judge or his/her Secretary. The date of this Order
is deemed to be 18 January 2023.].
Having read the documents filed of record, read the written submissions as submitted by the Counsel on behalf of
the Applicant and considered the matter, the following order is made:
1. The estate of the Respondent be and is hereby provisionally sequestrated with return date 12 April 2023 on
which day the Respondent or any other interested party may appear to advance reasons, if any, why the Court
should not order final sequestration of the Respondent's estate;
2. A copy of this order is to be furnished to the Respondent;
3. This order is to be published once in the Government Gazette and once in a Pretoria News newspaper;
4. A copy of this order should be furnished to the Master of the High Court and the South African Revenue Service;
5. Costs are costs in the sequestration of the Respondent's estate.

BY ORDER OF COURT
REGISTRAR
[stamped by the Registrar]
Counsel on behalf of the Applicant
Adv. H. MARAIS
Groenkloof Chambers, F05
Pretoria
083 265 2173
E-mail: h.marais@gkchambers.co.za

ATTORNEYS FOR THE APPLICANT
VEZI & DE BEER INCORPORATED
REF: EDB/XDP/MAT76137
TEL: 012 361 5640
EMAIL: xander@vezidebeer.co.za / leehynmeintjies99@gmail.com
Counsel on behalf of the Respondent
Unknown/Unopposed
                                                ----------oo0oo----------
                                                                                      Case No: 2022 - 051788
                                IN THE HIGH COURT OF SOUTH AFRICA
                                     (GAUTENG DIVISION, PRETORIA)
                                 PRETORIA, 2023-02-08, SWANEPOEL J
CSG RESOURCING (PTY) LTD // JUPITER SECURITY SOLUTION (PTY) LTD: CSG RESOURCING (PTY) LTD
(REGISTRATION NUMBER: 2007/016693/07) and JUPITER SECURITY SOLUTION (PTY) LTD
(REGISTRATION NUMBER: 2020/517562/07)
In re: LIQUIDATION OF THE RESPONDENT.
REGISTERED ADDRESS: 17 MATSEKE STREET, ATTERIDGEVILLE, 0008.
                                              COURT ORDER
HAVING read the documents filed of record, heard counsel for the Applicant and considered the matter:

                             This gazette is also available free online at www.gpwonline.co.za
40  No. 48204                        GOVERNMENT GAZETTE, 17 March 2023

Source