Andrea Jaylene Munien and Adriaan Pillay
Court order seizes property linked to crime · Published 2023-08-18 · What is a POCA?
- Party
- Andrea Jaylene Munien and Adriaan Pillay
Case
- Case number
- 2023-025366
- Court
- Gauteng
Parties addressed
- Andrea Jaylene Munien and Adriaan Pillay
Asset description
Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T 51568/2018, registered in the name of Andrea Jaylene Munien (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
Identifiers
- Erf numbers
- Erf 615 Portion
From the gazette
Case No: 2344/2023
IN THE HIGH COURT OF SOUTH AFRICA
[Mpumalanga Division, Mbombela (Main Seat)]
Mbombela, 2023-07-21, before the Honourable Justice: Greyling-Coetzer AJ
UMNYAMA NKUKHU SPORTSWEAR (PTY) LTD // NDUMISO’S SPORTS (PTY) LTD: UMNYAMA NKUKHU
SPORTSWEAR (PTY) LTD (Registration Number: 2007/031183/07) and NDUMISO’S SPORTS (PTY) LTD
(Registration Number: 2014/148186/07)
In re: PROVISIONAL WINDING-UP.
IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT)
Case Number: 2344/2023
BEFORE THE HONOURABLE JUSTICE: GREYLING-COETZER AJ, DATE: 21/07/2023
In the matter between: UMNYAMA NKUKHU SPORTSWEAR (PTY) LTD, Applicant (Registration Number:
2007/031183/07) and NDUMISO'S SPORTS (PTY) LTD, Respondent (Registration Number: 2014/148186/07)
COURT ORDER
Having read the documents filed of record, heard counsel and considered the matter:
I make the following Order:
1. The Respondent is hereby placed under Provisional winding-up.
2. Any interested party is called upon to show cause why this Court should not order the final winding-up of the
Respondent on 2 October 2023 at 10:00, or so soon thereafter as the matter may be heard.
3. A copy of this Order be forthwith served on the Respondent company at its Registered office.
4. A copy of this Order shall be served on the South African Revenue Services and the Master of the High Court.
5. A copy of this Order shall be published in the Government Gazette and a newspaper.
6. Costs of this application are costs in the winding-up of the Respondent.
BY ORDER OF COURT. - THE REGISTRAR.
GERRIE GROENEWALD ATTORNEYS INC., 24 MOSTERT STREET. Tel: 013-752-6955. E-mail: -.
Date submitted: 2023-07-31.
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Case No: 2023-025366
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2023-03-27, BEFORE THE HONOURABLE JUSTICE MANOIM, in chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T 51568/2018 registered in the name of Andrea
Jaylene Munien.
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, Johannesburg) on the 27 MARCH 2023 Case number 2023-025366 in relation to:
Erf 615 Portion 0 Sandown Extension 56 with Title Deed number T 51568/2018, registered in the name of Andrea
Jaylene Munien (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
This notice is addressed to Andrea Jaylene Munien and Adriaan Pillay and all other persons who may have an
interest in the property identified as: Erf 615, Portion 0, Sandown Extension 56, with Title Deed number
T 51568/2018, registered in the name of Andrea Jaylene Munien (the property):
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
preservation order) in respect of the property, in terms of section 38(2) of the POCA, a copy of which is obtainable from
the State Attorney's office in Johannesburg.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 18 Augustus 2023 No. 49127 83
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 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.
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 in sections 39(3), (4) and (5) of the POCA. An
appearance must comply with these requirements.
5. 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 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), upon delivery of not less than 24 hours-notice to the applicant and all other persons identified in the
order as being persons who may have an interest in property, and within 8 days of becoming aware of the order, apply
for reconsideration of the order.
9. 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.
10. 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 Elia Machete, 10th Floor, North State Building, 99 Albertina Sisulu Street, Johannesburg. Ref:
Mr E Machete/P14/Adamjee. Tel: (011) 220 4121. Fax: 0866978037. E-mail: EMachete@npa.gov.za.
Any correspondence or other enquiries must also be directed to the above address or contact numbers.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets, Johannesburg.
Tel: 011 220 4087. E-mail: MeMahloko@npa.gov.za.
Date submitted: 2023-08-10.
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This gazette is also available free online at www.gpwonline.co.za
84 No. 49127 GOVERNMENT GAZETTE, 18 August 2023