This notice is addressed to Charlene Berning and Sandile Kwesa

Court order seizes property linked to crime · Published 2023-08-04 · What is a POCA?

Party
This notice is addressed to Charlene Berning and Sandile Kwesa

Case

Court
Gauteng

Parties addressed

  • This notice is addressed to Charlene Berning and Sandile Kwesa

Asset description

Cash amount of R5 000 seized by the police on the 20th of October 2022 and held in the SAPS suspense account under Silverton CAS number 363/10/2022 with Taking Number 152595597 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.

Identifiers

Cash amount
R5 000

From the gazette

  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 7921, WaErasmus@justice.gov.za.
  Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA, 0127. Tel: 043 7065100. E-mail:
  ASakasa@npa.gov.za.
  Date submitted: 2023-06-07.
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                                                                                                Case No: 2023 - 045579
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                             (GAUTENG DIVISION, PRETORIA)
          PRETORIA, 2023-05-31, BEFORE THE HONOURABLE JUSTICE LEDWABA DJP IN CHAMBERS
              In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
  In re: Cash amount of R5 000 seized by the police on the 20th of October 2022 and held in the SAPS suspense
  account under Silverton CAS number 363/10/2022 with Taking Number 152595597.
  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 the 31 of May 2023 in case number 2023 – 045579, in relation to:
  Cash amount of R5 000 seized by the police on the 20th of October 2022 and held in the SAPS suspense account
  under Silverton CAS number 363/10/2022 with Taking Number 152595597 (a copy of the application and order
  can be obtained from the person mentioned in par 9 hereunder.
  This notice is addressed to: This notice is addressed to Charlene Berning and Sandile Kwesa, whose last known
  address is Number 69 Battery Cres, Silverton, Pretoria, and 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 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.
  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 addresses: THE STATE ATTORNEY:
  Mr K Kgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag

                                This gazette is also available free online at www.gpwonline.co.za
                                       STAATSKOERANT, 4 Augustus 2023                                          No. 49070   41

X 91, Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309 01649/50. E-mail:
KKgaphola@justice.gov.za and Clay Sibiya at the VGM Building, 123 Westlake Ave, Weavind Park, Silverton. His
contact details are as follows: Tel: 012 845 6368. E-mail: ClSibiya@npa.gov.za.
National Prosecuting Authority (Order no: 030378), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
Tel: 012 845 6368. E-mail: ClSibiya@npa.gov.za.
Date submitted: 2023-07-27.
                                               ----------oo0oo----------
                                                                                        Case No: GP/KP/RC/591/2022
                                                                                                    ANNEXURE "X"
                                        IN THE MAGISTRATE’S COURT FOR
         (IN THE REGIONAL COURT FOR DIVISION OF KEMPTON PARK HELD AT KEMPTON PARK)
                              KEMPTON PARK, 2023-07-21, MAGISTRATE HOLZEN
              In the matter between: CARDIO MED (PTY) LTD and MMATHOLO HEATH CARE CC
Having considered the documents filed of record and having heard legal representation,
                                                    It is Ordered that:
2. In the alternative to prayer 1:
2.1 That the respondent be placed in provisional liquidation and, that any person with a legitimate interest in the
respondent's affairs be called to present reasons on a date and at a time to be determined by the Honourable Court
why the provisional order of liquidation should not be made final; Return date 21/08/2023;
2.2 that the provisional order of liquidation be published in the Government Gazette and a local Newspaper;
2.3 that the provisional order of liquidation be served at the respondent's registered address or on any of its
employees and trade unions representing them;
2.4 that the provisional order of liquidation be delivered to the Master of the High Court and the South African
Revenue Service.
3. The cost of this application be costs in the respondent's winding-up.
Eloise Cilliers, 266 Bronkhorst Street, Nieuw Muckleneuk Pretoria. Tel: 082 9903092. E-mail:
eloise@barnardinc.co.za.
Date submitted: 2023-07-26.
                                                 ----------oo0oo----------
                                                                                                 Case No: 2023-055728
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
          PRETORIA, 2023-06-12, BEFORE THE HONOURABLE JUSTICE PHAHLANE, IN CHAMBERS
    In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: A White Golf 7 with registration number JV 48 CF GP with chassis number WVWZZZAUZFW210960 and
Engine number CXS242837 and a cash amount of R100.00 held by the SAPS at Pretoria West registered under
SAP13 384/04/2023.
    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 (Gauteng
Division, Pretoria) on 12 June 2023 in Case number 2023-055728, in relation to: 1. A White Golf 7 with Registration
number JV 48 CF GP, Chassis number WVWZZZAUZFW210960, Engine number CXS242837 and a cash amount
of R100.00 held by the SAPS at Pretoria West pound registered under SAP13 384/04/2023, with criminal case
docket Springs CAS 261/2/2020. (a copy of the application and order can be obtained from the person mentioned
in par 9 hereunder.)
This notice is addressed to:
1) OKONKWO MADUEKE CHUKWUMA, whose last known address is House no 48 Calomel Street, Lotus
Gardens, Pretoria West and all persons who may have an interest in the property described above.

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