Notice

Court order seizes property linked to crime · Published 2023-06-09 · What is a POCA?

ID / Reg no
2020/484234/07
Date
2023-02-16

Case

Case number
2022-058969
Court
Gauteng Division, Pretoria

Identifiers

Erf numbers
Erf 60 Portion, Erf 1043 Portion
Company regs
2020/484234/07, 1929/001225/06

From the gazette

           AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121
 OF 1998
           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 organized Crime Act, No. 121 of 1998 in the High Court of South Africa
 (Gauteng Division, Pretoria) on 16 February 2023 in case number 2022-058969. In re:Farm 128 Portion 75 Goede
 Hoop with Title Deed Number T16957/2010 in Mpumalanga Luphisi Road, Mbombela - (Casambo Lodge), registered
 in the name of Zenzile Carol Sanderson (Sanderson); -Farm 128 Portion 76 Goede Hoop with Title Deed Number
 T8577/2011 in Mpumalanga registered in the name of Sanderson;-Erf 1043 Portion 64 Stonehenge Ext 1 Mbombela
 with Title Deed Number T11536/2012, registered in the name of Mukelo Pertunia Sambo (M Sambo);-Erf 60 Portion 2
 White River Mbombela with Title Deed Number T5458/2017, registered in the name of Casambo Property Development
 (Pty) Ltd (Casambo Property);-Lotus Europa with Registration Number FKG630MP and Chassis Number
 SCCSC12107HN10872, previously registered in the name of Sanderson;-Subaru Impreza with Registration Number
 HSX991MP and Chassis Number JF1VAGK85FG005404, registered in the name of Sanderson;-Volkswagen (Vw) Polo
 Vivo Blue Line with Registration Number HGK548MP and Chassis Number AAVZZZ6SZEU008524, registered in the
 name of Phuwanda Trading CC (Phuwanda);-Vw Polo Vivo with Registration Number HGN332MP and Chassis Number
 AAVZZZ6SZEU013378, registered in the name of Phuwanda;-Hilux 2,5D-4D 4X4 Pick up with Registration Number
 FYT001MP and Chassis Number AHTFR22G706065367, registered in the name of Mwakasambo (Pty) Ltd
 (Mwakasambo);-Yamaha Golf Car, with Serial Number JR60368159; andYamaha Raptor 90 Quad Bike, with Serial
 Number RF3AB11Y7GT002733.
           (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder). This
 notice is addressed to:Zenzile Carol Sanderson, Mukelo Pertunia Sambo, Casambo Property Development (Pty) Ltd,
 Judith Ann Gable, Phindile Ntombikayise Msimango, Phuwanda Trading CC, and Lusanda Trading CC, Mwakasambo
 Pty Ltd and to all persons who may have interest to 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 an 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 Act. 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 Act;

                                 This gazette is also available free online at www.gpwonline.co.za
                                            STAATSKOERANT, 9 Junie 2023                                        No. 48770   39

           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
K Kgaphola , SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax No: 012 309 1649/50

         Email: kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za

                                                  ----------oo0oo----------
                                                                                                     Case No: M646/2022

                               IN THE HIGH COURT OF SOUTH AFRICA
                                 (NORTH WEST DIVISION, MAHIKENG)
           MMABATHO, 2023-05-04, BEFORE THE HONOURABLE MADAM JUSTICE MTHIMUNYE AJ
In the matter between: FIRSTRAND BANK LIMITED, (REGISTRATION NUMBER: 1929/001225/06), APPLICANT
and MPUTSU FARMING AND TOURISM INVESTMENT PROPRIEATRY LIMITED, REGISTRATION NUMBER:
2020/484234/07), RESPONDENT

         HAVING HEARD ADV MASIKE on behalf of the Applicant and having read the Notice of Motion and other
documents filed of record;
         IT IS ORDERED
         1. THAT: The Respondent company be provisionally liquidated and placed in the hands of the Master of the
above Honorable Court;
         2. THAT: All person who have legitimate interest are called upon to put forward their reasons why this Court
should not order the final liquidation of the Respondent company on 06th day JULY 2023;
         3: THAT: A copy of this order be served on the Respondent Company, at its registered office and published
in the Government Gazette and in a local newspaper circulating in the area of the registered office of the Respondent
Company;
         4. THAT: A copy of this order further be served on:
         4.1 The South African Revenue Services;
         4.2 The Master of the High Court;
         4.3. Employees of the Respondent Company;
         4.4 Any Trade Union of the Employees of the Respondent Company.
         5.THAT: Costs in the liquidation application.
          BY THE REGISTRAR OF THE HIGH COURT

         THE REGISTRAR
                                                  ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
40  No. 48770                          GOVERNMENT GAZETTE, 9 June 2023

Source