Noloyiso Kom

Court order seizes property linked to crime · Published 2023-04-21 · What is a POCA?

Party
Noloyiso Kom
ID / Reg no
2009/020654/07
Date
2023-02-28

Case

Case number
545/2023
Court
Gauteng Division, Pretoria

Parties addressed

  • Noloyiso Kom

Asset description

Cash in the amount of R12 390, which is the proceeds of unlawful activities and was seized on 4 February 2022 and is held under Cambridge 55/02/2023 (A copy of which can be obtained from the person motioned in par 9 hereunder.)

Identifiers

Cash amount
R12 390,
Company regs
2009/020654/07, 2020/940051/07

From the gazette

  2.2. that the liability of the Second Respondent pursuant to the order reflected in 2.1 above, be joint and several
  with that of the First Respondent, the one paying the other to be absolved, in solidum, only to the extent that the
  above Honourable Court is inclined to grant a judgment sounding in money as against the First Respondent.
  BY ORDER OF THIS COURT. - THE REGISTRAR.
  NOCHUMSOHN & TEPER INC, 145 OXFORD ROAD, ROSEBANK. Tel: 0766266277. E-mail: MADELEINE
  PRETORIUS.
  Date submitted: 2023-04-13.
                                                ----------oo0oo----------
                                                                                                    Case No: 11410/2022
                                                                                                       P/H of Docex: 59
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                                 (Gauteng Division, Pretoria)
                             Pretoria, 2023-01-27, Before the Honourable Justice Makhoba J
  In the matter between: Jurgens Johannes Steenkamp N.O; Nolwazi Previous Zulu N.O; David Peter
  Lawson; Rhoda Kirsten; Nicolaas Peter Van Wyk and Lengau Group (Pty) Ltd (Registration No:
  2009/020654/07)
  Having heard counsel for the First and Second Applicants, read the documents filed and considered the matter:
                                                       It is Ordered that:
  1. The Rule Nisi is extended to 24 April 2023.
  2. Costs of this application is costs in the liquidation.
  Macintosh Cross & Farquharson, 834 Pretorius Street, Arcadia, Pretoria. Tel: (012) 342-4855. E-mail:
  al@macintoshcross.co.za.
  Date submitted: 2023-04-06.
                                                    ----------oo0oo----------
                                                                                                    Case No: 545/2023
                                                                                            P/H of Docex: 043 706 5100
                                         IN THE HIGH COURT OF SOUTH AFRICA
                              (EASTERN CAPE DIVISION, EAST LONDON CIRCUIT COURT)
                                East London, 2023-03-14, Before the Honorable Judge Zilwa
                      In the ex parte application of: The National Director of Public Prosecutions
  In re: In relation to: Cash in the amount of R12 390 which is the proceeds of unlawful activities and was seized on
  4 February 2022 and is held under Cambridge 55/02/2023 (A copy of which can be obtained from the person
  motioned in par 9 hereunder.)
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)
  The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South
  Africa (East London Circuit Division) on 28 February 2023 in Case number 545/2023, in relation to: Cash in the
  amount of R12 390, which is the proceeds of unlawful activities and was seized on 4 February 2022 and is held
  under Cambridge 55/02/2023 (A copy of which can be obtained from the person motioned in par 9 hereunder.)
  This notice is addressed to Noloyiso Kom and all other 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.
  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.

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 21 April 2023                                       No. 48446   35

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:
MS SAKASA, 17 Fleet Street, East London. E-mails: Asandasakasa@gmail.com or DNgwenya@justice.gov.za.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
WEAVIND PARK, PRETORIA, 0127. Tel: (043) 706-5100. E-mails: ASakasa @npa.gov.za or
Asakasa@justice.gov.za.
Date submitted: 2023-04-12.
                                                 ----------oo0oo----------
                                                                                                 Case No: 11410/2022
                                                                                                    P/H of Docex: 59
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                               (Gauteng Division, Pretoria)
                           Pretoria, 2023-01-27, Before the Honourable Justice Makhoba J
In the matter between: Jurgens Johannes Steenkamp N.O; Nolwazi Previous Zulu N.O; David Peter
Lawson; Rhoda Kirsten; Nicolaas Peter Van Wyk and Lengau Group (Pty) Ltd (Registration No:
2009/020654/07)
Having heard counsel for the First and Second Applicants, read the documents filed and considered the matter:
                                                     It is Ordered that:
1. The Rule Nisi is extended to 24 April 2023.
2. Costs of this application is costs in the liquidation.
Macintosh Cross & Farquharson, 834 Pretorius Street, Arcadia, Pretoria. Tel: (012) 342-4855. E-mail:
al@macintoshcross.co.za.
Date submitted: 2023-04-06.
                                                  ----------oo0oo----------
                                                                                               Case No: 17248/22P
                                                                           P/H of Docex: Docex 26, Pietermaritzburg
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                (KWAZULU-NATAL DIVISION, PIETERMARITZBURG)
           PIETERMARITZBURG, 2023-03-23, BEFORE THE HONOURABLE ACTING JUDGE SMART
                   In the matter between: SHARED HEAD OFFICE (PTY) LTD, APPLICANT and
                                 DLADLANESS GROUP (PTY) LTD, RESPONDENT
HAVING read the Notice of Motion; and the other documents filed of record, and
HAVING heard Counsel for the Applicant;
                                               IT IS ORDERED THAT:
1. Dladlaness Group (Pty) Ltd (Registration Number 2020/940051/07), is hereby placed under provisional
liquidation in the hands of the Master of the High Court, Pietermaritzburg.
2. A rule nisi be issued, calling upon the Respondent and all other interested persons to show cause, if any, to this
Honourable Court on the 25th day of May 2023 at 09h30, why the Respondent should not be finally wound up.
3. A copy of this Order:
3.1 Be published on or before 5 May 2023 in one edition of The Witness newspaper and in one edition of the
Government Gazette; and
3.2 served in compliance with Section 346A of the Companies Act, 1973.

4. The costs of this application shall be costs in the winding up of the Respondent.
BY ORDER OF THE COURT. - PF MBAMBO, REGISTRAR.
Hay and Scott Attorneys.
HAY AND SCOTT ATTORNEYS, TOP FLOOR, 3 HIGHGATE DRIVE, REDLANDS ESTATE, 1 GEORGE
MACFARLANE, PIETERMARITZBURG. Tel: (033) 342-4800. E-mail: michaela@hayandscott.co.za.
Date submitted: 2023-04-11.
                                                 ----------oo0oo----------
                                                                                                   Case No: 512/2023

                             This gazette is also available free online at www.gpwonline.co.za
36  No. 48446                          GOVERNMENT GAZETTE, 21 April 2023

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