Luvo Manzi
Court order seizes property linked to crime · Published 2023-04-21 · What is a POCA?
- Party
- Luvo Manzi
- ID / Reg no
- 8202175003080
- Date
- 2023-03-14
Case
- Case number
- 512/2023
- Court
- FREE STATE DIVISION
Parties addressed
- Luvo Manzi
Asset description
Nissan Tiida with Registration number HXD235EC, which is an instrumentality of an offence and was seized by the South African Police Service on 14 October 2022 and is held under East London CAS 286/10/2022 (A copy of which can be obtained from the person motioned in par 9 hereunder.)
Identifiers
- Company regs
- 1999/010500/07, 2010/131208/23, 2016/338668/07
From the gazette
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 Norman
In the ex parte application of: The National Director of Public Prosecutions
In re: In relation to: Nissan Tiida with Registration number HXD235EC which is an instrumentality of an offence
and was seized by the South African Police Service on 14 October 2022 and is held under East London CAS
286/10/2022 (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 14 March 2023 in Case number 512/2023, in relation to: Nissan Tiida with
Registration number HXD235EC, which is an instrumentality of an offence and was seized by the South African
Police Service on 14 October 2022 and is held under East London CAS 286/10/2022 (A copy of which can be
obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Luvo Manzi 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.
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-mail: 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-mail: ASakasa @npa.gov.za or
Asakasa@justice.gov.za.
Date submitted: 2023-03-29.
----------oo0oo----------
Case No: 6003/2022
IN THE HIGH COURT OF SOUTH AFRICA
(FREE STATE DIVISION)
BLOEMFONTEIN, 2023-03-28, BEFORE THE HONOURABLE JUDGE S NAIDOO
In the matter between: ALIE PROPERTIES CC, T/A SYNERGY INVESTMENT [REGISTRATION NUMBER:
2010/131208/23], FIRST APPLICANT; ALBERT JOHANNES VILJOEN [IDENTITY NUMBER: 8202175003080),
SECOND APPLICANT; MABUTI SIMON MANOKO [IDENTITY NUMBER: 7011245359088], THIRD
APPLICANT; GIDEON JOHANNES SALBBERT N.O., FOURTH APPLICANT and HENCETRADE 34 (PTY)
LTD, T/A GEMINI ELECTRICAL [REGISTRATION NUMBER: 1999/010500/07], FIRST RESPONDENT;
MAGDALEEN DA SILVA [IDENTITY NUMBER: 690420035083], SECOND RESPONDENT; MATHIAS
MPAKATI [IDENTITY NUMBER: 6910315241087], THIRD RESPONDENT; JOHANNES CHRISTOFFEL UYS
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 21 April 2023 No. 48446 37
[IDENTITY NUMBER: 6605315044081], FOURTH RESPONDENT; COMPANIES AND INTELLECTUAL
PROPERTY COMMISSION, FIFTH RESPONDENT
Having considered the documents filed of record and having heard the legal practitioner/s,
IT IS ORDERED THAT:-
1. This application be heard as an urgent application and that the necessary condonation is granted to the
Applicant, in terms of Rule 6[12] of the uniform Rules of the Court in respect of the non-compliance with the
prescribed time limit and forms.
2. The First Respondent is hereby placed under provisional liquidation, in the hands of the Master of the Free State
High Court, Bloemfontein, with effective date 29 November 2022.
3. A rule nisi is issued - calling upon the Respondents and any interested Party, to show cause, if any to this
Honourable Court, on 4 May 2023 at 09:30, why a final order should not be granted, in the following terms:
3.1 A final order of liquidation in respect of the First Respondent;
3.2 the special resolution in terms of Section 352(2) of the Companies Act, 61 of 1973, adopted by the Second to
Fourth Respondents on 3 March 2023, be set aside and declared void and of no force an effect;
3.3 the business rescue proceedings regarding the First Respondent be discontinued in terms of Section
141(2)(a)(II) of the Companies Act, 71 of 2008- pursuant to the Fourth Applicant's norice to this effect;
4. This Order, together with a copy of the Notice of Motion and annexures thereto must be served on:
4.1 Any registered trade union that as far as the Applicant(s) can reasonably ascertain represents any of the
employees of the Respondent;
4.2 the Respondent's employees, if any, by affixing a copy of the application and this provisional order to any notice
board to which the Applicant(s) and employees may have access inside the business premises of the Respondent,
alternatively, by affixing a copy thereof to the front gate, where applicable, failing which the front door of the
premises from which the Respondent conducted business;
4.3 The South African Revenue Services; and
4.4 The Respondents;
4.5 a copy of this Order must be published in “The Citizen” newspaper and the Government Gazette.
5. The costs of this application shall be cost in the liquidation of the First Respondent.
BY ORDER OF THIS COURT. - COURT REGISTRAR.
PHATSHOANE HENNEY INC., McINTYRE VAN DER POST.
PHATSHOANE HENNEY INC, 35 MARKGRAAFF STREET, WESTDENE, BLOEMFONTEIN, 9301. Tel: (051)
400-4000. E-mail: cindy@phinc.co.za.
Date submitted: 2023-04-11.
----------oo0oo----------
Case No: 732/22
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL DIVISION, PIETERMARITZBURG)
PIETERMARITZBURG, 2023-03-27, JUDGE MASSOP
In the matter between: ABSA BANK LIMITED and AFRIFURN MANUFACTURING (PTY) LTD
(Registration No.: 2016/338668/07)
UPON reading the Notice of motion and the other documents filed of record; and
UPON the motion of Counsel on the 27 March 2023 for the Applicant:
THE COURT RESERVED JUDGEMENT; THEREAFTER ON THIS DAY;
IT IS ORDERED THAT:
1. The Respondent is provisionally wound up.
2. A rule nisi is issued calling upon the Respondent and all interested parties to show cause to this Court on 16
May 2023 at 09h30, or so soon thereafter as the matter may be heard, why the Respondent should not be finally
wound up.
3. The relief set forth in paragraph 1 of this Order shall operate as a provisional order winding up the Respondent
with immediate effect.
4. A copy of this provisional order is to be served upon the Respondent at its registered office, the Master of the
High Court, the South African Revenue Service and the Respondent's employees and trade unions.
5. A copy of the provisional order is to be published on or before 28 April 2023, once in the Government Gazette
and once in a daily newspaper published and circulating in KwaZulu-Natal.
6. The costs of this application shall be costs in the winding-up of the Respondent.
JOHNSTON & PARTNERS, 2ND FLOOR, 81 RICHEFOND CIRCLE, UMHLANGA RIDGE, DURBAN, 4001.
Tel: (031) 536-9700. E-mail: rebecca@johnstonkzn.co.za.
Date submitted: 2023-04-06.
This gazette is also available free online at www.gpwonline.co.za
38 No. 48446 GOVERNMENT GAZETTE, 21 April 2023