ABDUR-RAZZAAQ MOHAMMED

Court order seizes property linked to crime · Published 2023-04-28 · What is a POCA?

Party
ABDUR-RAZZAAQ MOHAMMED
ID / Reg no
2005/032410/07

Case

Case number
660/2023
Court
WESTERN CAPE DIVISION

Parties addressed

  • ABDUR-RAZZAAQ MOHAMMED

Identifiers

Company regs
2005/032410/07, 1969/004762/07

From the gazette

            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 obtained a preservation of property order in the High Court
   of South Africa (Eastern Cape Division, Gqeberha) under case number 660/2023 in re : A white double cab Nissan
   LDV with registration CBS 37812 seized on 15 September 2022 and held under Kwazakehle CAS 179/09/2022
   (the property) ( a copy of which can be obtained from the person mentioned in par 9 hereunder)

             This notice is addressed to ABDUR-RAZZAAQ MOHAMMED 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.

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 28 April 2023                                        No. 48470   29

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:
          STATE ATTORNEY, GQEBERHA
          29 Western Road, Central, Gqeberha Tel: 041 585 7021,e-mail: WaErasmus@justice.gov.za
                                                ----------oo0oo----------
                                                                             Case No: 7643/2022
                                IN THE HIGH COURT OF SOUTH AFRICA
                                       (WESTERN CAPE DIVISION)
                        CAPE TOWN, 2023-03-28, HONOURABLE USTICE GAMBLE
        In the matter of: VINCEMUS INVESTMENTS (PTY) LTD t/a KEMPSTON FINANCE [REG NO:
        1969/004762/07], Applicant and UPPER VALLEY FRUIT PROCESSORS (PTY) LTD [REG NO:
                                      2005/032410/07], Respondent

Having heard counsel for the Applicant and having read the papers filed of record. An order is made in the following
terms:
1. The respondent is placed under provisional order of winding up in the hands of the Master of the High Court.
2. A Rule Nisi is issued calling upon the Respondent and all interested persons to show cause, if any, to this
Honorable Court on 5 May 2023 at 10h00 why;
2.1 The respondent should not be placed under final liquidation; and
2.2 That the costs of the application should not be costs in the winding up of the Respondent.
3. Service of the order shall be affected:
3.1 By one publication in “The Cape Times” and “Die Burger”.
3.2 On the registered office of Respondent by Sheriff;
3.3 On all employees of the respondent and their trade union(s) (if any) by Sheriff;
3.4 On the offices of the Received of Revenue by Sheriff.
4. The Registrar shall transmit a copy of the winding-up order to the Sheriff of the province in which the registered
office of the Respondent is situate and to the Sheriff of every province in which it appears that the respondent owns
business.
5. The Sheriff shall attach all property which appears to belong to the Respondent and transmit to the Master an
inventory of all property attached by him or her in terms of Section 19 of the Insolvency Act of 1936.
                                                 ----------oo0oo----------
                                                                                                  Case No: 662/2023
                                       IN THE MAGISTRATE’S COURT FOR
                                        (THE DISTRICT OF EAST LONDON)
                                          EAST LONDON, 2023-04-06, N/A

                             This gazette is also available free online at www.gpwonline.co.za
30  No. 48470                        GOVERNMENT GAZETTE, 28 April 2023

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