Notice
Court order seizes property linked to crime · Published 2023-07-07 · What is a POCA?
- ID / Reg no
- 2013/051045/07
- Date
- 2023-05-25
Case
- Case number
- 6255/2023
- Court
- Western Cape
Asset description
a BMW with registration CAA176257 seized by members of the South African Police Service on 19 February 2021 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Company regs
- 2013/051045/07, 1962/000738/06
From the gazette
Case No: 2022-047198
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-04-04, BEFORE THE HONOURABLE JUSTICE PHAHLANE J
IN THE MATTER OF: CP MINNAAR EN SEUN (PTY) LTD and BLACK IRON FRESH (PTY) LTD
HAVING CONSIDERED THE DOCUMENTS FILED OF RECORD AND HAVING HEARD COUNSEL FOR THE
APPLICANT:
IT IS ORDERED THAT:
1. The Respondent is hereby placed under a provisional winding-up order.
2. A rule nisi is hereby issued calling upon all parties involved to appear and show cause, if any, to this Court at
10:00 on 10 JULY 2023, why the Respondent should not be placed under a final winding-up order.
3. Service of this rule nisi must be effected on the Respondent at its registered address and by publication forthwith
once in each of the GOVERNMENT GAZETTE and in a local newspaper and service must otherwise take place in
accordance with the statutory provisions including service on SARS and the EMPLOYEES or their TRADE
UNIONS.
4. The costs of this application are costs in the winding up.
BY ORDER OF THE COURT.
JET LAW INC, 179 LUNNON ROAD, HILLCREST, PRETORIA. Tel: 0839232900. E-mail: edmund@jetlaw.co.za.
Date submitted: 2023-06-25.
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Case No: 6255/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
CAPE TOWN, 2023-05-25, Before the Honourable Ms Acting Justice Adhikari
In the matter between: The National Director of Public Prosecutions, Applicant and BONGINKOSI
GANDASHE, RESPONDENT
In re: In re: Application in terms of section 38 of the Prevention of Organised Crime Act, 121 of 1998 for the
preservation of property described as a BMW 320i with registration CAA 176 257 seized by members of the South
African Police Service on 19 February 2021.
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 applied for and was granted a preservation of property order in terms
of section 38 of the Prevention of Organised Crime Act, 1998 in the High Court of South Africa (Western Cape
Division, Cape Town) on 25 May 2023 under case number 6255/2023 in relation to a BMW with registration
CAA176257 seized by members of the South African Police Service on 19 February 2021 (a copy of the application
and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to all 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
application. In such a case, the court may grant a default order forfeiting the property to the state under section 53
of the POCA.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 7 Julie 2023 No. 48890 43
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 Z Karjiker, 4th Floor, 22 Long Street, Cape Town.
His contact details are as follows: Private Bag X9001, Cape Town, 8000. Tel: (021) 441-9200 / (021) 441-9284 and
Fax: (021) 421-9364. E-mail: zkarjiker@justice.gov.za.
National Prosecuting Authority, 22 Long Street, Cape Town. Tel: (021) 441-9200. E-mail:
zkarjiker@justice.gov.za.
Date submitted: 2023-06-14.
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Case No: 1383/2023
IN THE HIGH COURT OF SOUTH AFRICA
(FREE STATE DIVISION, BLOEMFONTEIN)
BLOEMFONTEIN, 2023-06-22, Before the Honourable Judge JJ MHLAMBI
In the matter between: THE STANDARD BANK OF SOUTH AFRICA LIMITED (Registration number:
1962/000738/06) and , Applicant, and CYMBOL CONSULTING PROPRIETARY LIMITED [in business rescue],
1st Respondent [Registration number: 2013/051045/07]; CHARLES PHIRI N.O. (in his capacity as appointed
Business Rescue Practitioner of Cymbol Consulting (Pty) Ltd), 2nd Respondent; ANY AFFECTED
PERSONS RELATING THE CYMBOL CONSULTING PROPRIETARY LIMITED, 3rd Respondent
Having considered the documents filed of record and having heard the legal practitioner/s,
IT IS ORDERED THAT:
1. Leave is granted to the Applicant to commence and proceed with its application against the First Respondent in
terms of s 133(1)(b) of the Companies Act, 71 of 2008.
2. The business rescue proceedings in respect of the First Respondent are converted into liquidation proceedings
in terms of s 132(2)(a)(ii) of the Companies Act, 71 of 2008.
3. The First Respondent is placed under provisional liquidation in the hands of the Master of the High Court.
4. A rule nisi is issued calling upon the First Respondent and all interested parties to show cause, if any, on
3 AUGUST 2023 at 09h30, why a final order of liquidation should not be granted against the First Respondent.
5. This Order shall be served forthwith on the First Respondent at its registered address and it shall be published
in Citizen and the Government Gazette.
6. A copy of the provisional winding-up order must be served upon:
6.1 The employees of the First Respondent (if any) and every registered Trade Union (if any) which as far as the
Sheriff can reasonably ascertain represents any of the employees of the First Respondent (if any);
6.2 The South African Revenue Services;
6.3 The Master of the High Court.
7. The costs of this application shall be costs in the liquidation.
BY ORDER OF THIS COURT. - COURT REGISTRAR.
EG COOPER MAJIEDT INC., HJ BOOYSEN ATTORNEYS.
E G COOPER MAJIEDT INC., 17 THIRD AVENUE, WESTDENE, BLOEMFONTEIN, 9301. Tel: (051) 447-3374.
E-mail: litigation2@egc.co.za.
Date submitted: 2022-06-27.
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Case No: 6415/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
CAPE TOWN, 2023-05-26, Before the Honourable Ms Justice Mangcu-Lockwood
In the matter between: The National Director of Public Prosecutions, Applicant
In re: In re: Application in terms of Section 38 of the Prevention of Organised Crime Act 121 of 1998 in respect of
a R17 760 in cash that was seized by members of the South African Police Service on 27 May 2022.
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)