All Goods Transport Services Pty (Ltd) (Under Liquidation) situated at 39 Forest

Court order seizes property linked to crime · Published 2023-05-12 · What is a POCA?

Party
All Goods Transport Services Pty (Ltd) (Under Liquidation) situated at 39 Forest

Case

Case number
3216/2023
Court
Limpopo

Parties addressed

  • All Goods Transport Services Pty (Ltd) (Under Liquidation) situated at 39 Forest

Asset description

a Icecold Bodies ST-11-20 Tipper Semi trailer with registration number FM 73 FL GP and Chassis number AA9H236HADHLT1115, a Kearney’s truck and trailer Payloader 2 Axle Tipper with registration number HB 72 DP GP and Chassis number AA9A236MA9TKR1440 as well as the chrome found loaded on the trailer with registration number FM 73 FL GP, all seized by members of the South African Police Service in the Apel policing area on 12 July 2022 and held at Apel Police Station under case docket Apel CAS 72/0

From the gazette

NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998

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 0of 1998 in the High Court of South Africa (Limpopo
Local Division, Polokwane) on the 18th day of April 2023 in case number 3216/2023 in relation to: a Icecold Bodies
ST-11-20 Tipper Semi trailer with registration number FM 73 FL GP and Chassis number AA9H236HADHLT1115,
a Kearney’s truck and trailer Payloader 2 Axle Tipper with registration number HB 72 DP GP and Chassis number
AA9A236MA9TKR1440 as well as the chrome found loaded on the trailer with registration number FM 73 FL GP,
all seized by members of the South African Police Service in the Apel policing area on 12 July 2022 and held at
Apel Police Station under case docket Apel CAS 72/07/2022 with reference SAP 13 /193/2022.(a copy of the
application and order can be obtained from the person mentioned in par 10 hereunder).
1. This notice is addressed to All Goods Transport Services Pty (Ltd) (Under Liquidation) situated at 39 Forest
Street, Turffontein, Johannesburg, Gauteng Province; and ADW Truck Sales Pty (Ltd) situated at Stand 172,
Sterkfontein Avenue, Doornkloof, Johannesburg, Gauteng Province and to all other persons who may have an
interest in the property described above.
Take notice that:
2) 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.
3) 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 order declaring the property forfeit to the state. The order will remain in force
until the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied;
4) 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 sections 39(3), (4) and (5) of
the POCA. An appearance must comply with these requirements;
5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in paragraph 4 above;
6) 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;
7) 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.
8) 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.

                              This gazette is also available free online at www.gpwonline.co.za
32  No. 48582                           GOVERNMENT GAZETTE, 12 May 2023

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