Notice
Court order seizes property linked to crime · Published 2023-04-14 · What is a POCA?
- ID / Reg no
- 2016/002018/07
- Date
- 2023-03-09
Case
- Case number
- 3509/2023
- Court
- NORTH WEST DIVISION, MAHIKENG
Asset description
an Audi A3 with registration number CY418371 seized by members of the South African Police Service on 31 October 2022. (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Company regs
- 2016/002018/07, 2020/817188/07, 2006/031239/07
From the gazette
In re: In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect of
an Audi A3 motor vehicle with registration number CY418371, that was seized by members of the South African
Police Service on 31 October 2022.
“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 9 March 2023 in case number 3509/2023 in relation to: an
Audi A3 with registration number CY418371 seized by members of the South African Police Service on 31
October 2022. (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.
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, 5th Floor, 22 Long Street, CAPE TOWN. His contact details are as follows: Tel:
(021) 441 9301. Email: ZKarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street Cape Town. Tel: (021) 441-9200. E-mail: zkarjiker@justice.gov.za.
Date submitted: 2023-04-05.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 14 April 2023 No. 48426 25
Case No: M101/2023
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
MMABATHO, 2023-03-30, Before the Honourable Judge President Hendricks
In the matter between: Yolandi Swanepoel (Identity number 830729 0091 082), Applicant and
Swanson Trading (Registration number 2016/002018/07), Respondent
In re: for the compulsory liquidation and winding-up of the Respondent.
HAVING HEARD ADV C J ZWIEGELAAR, on behalf of the Applicant and having read the Notice of Motion and
other documents filed of record herein:
IT IS ORDERED:
1. That: The Respondent and is hereby provisionally liquidated and his estate is placed in the hands of the Master
of the High Court.
2. That: A Rule Nisi be and is hereby issued, calling upon all interested parties to appear before the above
Honourable Court on Thursday, 11th day of May 2023 at 10h00, to show cause, if any, why the following relief
should not be granted:
i) The Respondent be finally liquidated;
ii) the costs of this application be costs in the liquidated estate of the Respondent, apart from any costs of opposition
which will be sought against the opposing person or party; and
3. That: The provisional order be served on all the relevant parties in accordance with section 11 of the Insolvency
Act, Number 24 of 1936.
BY THE COURT. - REGISTRAR.
Grobler Malope Incorporated, 155 Bethlehem Drive, Rustenburg. Tel: (014) 592-9217. E-mail: linda@dlinc.co.za.
Date submitted: 2023-04-05.
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Case No: B139/2023
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION PRETORIA)
PRETORIA, 2023-03-02, MADAM JUSTICE KHUMALO
In the matter between: HUURKOR COMMERCIAL PROPERTIES (PTY) LTD (REGISTRATION NUMBER:
2006/031239/07) and KAAI 5 (PTY) LTD (REGISTRATION NUMBER: 2020/817188/07)
After having read and considered the documents filed and after having heard counsel for the Applicant, the following
is order made an order of Court:
1. That the Applicants non-compliance with the rules of Court concerning forms, service, and time periods otherwise
applicable be condoned and that this application be heard and adjudicated upon as an urgent application in terms
of uniform rule 6(12).
2. That the Respondent Company be and is hereby placed under provisional winding up.
3. That all persons who have a legitimate interest are called upon to put forward their reasons why this Court should
not order the final winding up of the Respondent Company on the 15th of MAY 2023 at 10h00, or so soon hereafter
as counsel for the Applicant can be heard.
4. That a copy of this Order be forthwith served on the Respondent Company at its registered office and be
published on the Government Gazette and in the Pretoria News newspaper.
5. That a copy of this Order be forthwith forwarded to each known creditor by prepaid registered post.
6. Cost of the application be costs in the liquidation.
By Order of the Court.
FVS Law Inc, 105 Club Avenue Waterkloof Heights. Tel: (012) 012-5017. E-mail: latacha@fvslaw.co.za.
Date submitted: 2023-03-08.
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Case No: 11824/2022
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION - POLOKWANE)
POLOKWANE, 2023-02-16, HONOURABLE: ACTING JUDGE PILLAY
In the matter between: LOURENS COENRAAD STANDER N.O AND MPONYANA LAZARUS LEDWABA N.O,
Applicants and JOSIAS ENGELBERTUS OOSTHUIZEN t/a MOKOPANE TRUCK AND PLANT HIRE (Identity
Number: 600321 5048 081), Respondent
Having having considered the documents filed of record and having heard counsel:
This gazette is also available free online at www.gpwonline.co.za
26 No. 48426 GOVERNMENT GAZETTE, 14 April 2023