Lucky Moyo
Court order seizes property linked to crime · Published 2023-06-09 · What is a POCA?
- Party
- Lucky Moyo
- ID / Reg no
- 2017/292273/07
- Date
- 2023-03-27
Case
- Court
- KWAZULU-NATAL DIVISION, PIETERMARITZBURG
Parties addressed
- Lucky Moyo
Asset description
AA White Toyota Fortuner 3.0D 4X4 4A/T light load motor vehicle with registration number DNS052 L, VIN number AHTYZ59G208014072 and engine number 1KD5282812 which was seized by the South African Police Service on the 10th of September 2019 and held at Klerksdorp Vehicle Identification Services under Potchefstroom SAP13 389/2019 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Company regs
- 2017/292273/07, 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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
West Division, Mahikeng) on 27 March 2023 in case number UM66/2023 in relation to:AA White Toyota Fortuner 3.0D
4X4 4A/T light load motor vehicle with registration number DNS052 L, VIN number AHTYZ59G208014072 and engine
number 1KD5282812 which was seized by the South African Police Service on the 10th of September 2019 and held
at Klerksdorp Vehicle Identification Services under Potchefstroom SAP13 389/2019
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to Lucky Moyo and any 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 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
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 9 Junie 2023 No. 48770 51
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: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms Ndabeni
----------oo0oo----------
Case No: 3217/23
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL DIVISION, PIETERMARITZBURG)
PIETERMARITZBURG, 2023-05-03, BEFORE THE HONOURABLE ACTING JUDGE MATHENJWA
In the matter between: FIRSTRAND BANK LIMITED (Registration Number: 1929/001225/06), Applicant and
GAUGELO NSM PROJECTS PROPRIETARY LIMITED (Registration Number: 2017/292273/07)
HAVING heard Counsel for the Applicant and having read the Notice of Motion; and the other documents filed
of record;
IT IS ORDERED THAT:
1. A rule nisi be and is hereby issued calling upon all persons interested to show cause to this Honourable
Court on the 28th day of June 2023 at 09h30 or so soon thereafter as the matter may be heard, why the Respondent
should not be finally wound-up and why the costs of this application, on the attorney and own client scale, should not
be costs in the liquidation.
2. This Order operate, with immediate effect, as a provisional order for the winding-up of the Respondent.
3. Service of the order be effected by:
3.1 Publication forthwith in both the Government Gazette and the Mercury;
3.2 Service on the South African Revenue Services;
3.3 Service on the registered address of the Respondent at 4898 Westmont, 45 Olive Crescent, Isiphingo,
Durban;
3.4 Service on the employees of the Respondent, if any;
3.5 Service on every registered trade union that represents any of the employees of the Respondent, if any.
BY ORDER OF THE COURT
P F MBAMBO
REGISTRAR
STOWELL & COMPANY.
----------oo0oo----------
This gazette is also available free online at www.gpwonline.co.za
52 No. 48770 GOVERNMENT GAZETTE, 9 June 2023