MAWABO SWEKILE

Court order seizes property linked to crime · Published 2023-08-25 · What is a POCA?

Party
MAWABO SWEKILE

Case

Case number
2441/2023

Parties addressed

  • MAWABO SWEKILE

From the gazette

                                                                                                    Case No: 014809/2023
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                                 (Gauteng Division, Pretoria)
                             Pretoria, 2023-06-13, Before the Honoourable Justice Mogotsi AJ
 In the matter between: SB Guarantee Company (RF) Proprietary Limited (Registration Number:
 2006/021576/07), Applicant, and Satvision Project and Solution Proprietary Limited (Registration number:
 2014/010298/07), Respondent
 In re: This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the
 Registrar of the Court and is submitted electronically to the Parties/their legal representatives by email. This
 Order is further uploaded to the electronic file o this matter on Case Lines by the judge or his secretary. the
 date of this Order is deemed to be 13 June 2023.
                                                            ORDER
           Having read the documents filed of record and having heard counsel, and considered the matter: It is Ordered
 that: 1. The abovementioned Respondent is hereby provisionally wound-up and placed in the hands of the Master of
 this Court; 2. All persons who have a legitimate interest are called upon to put forward their reasons why this Court
 should not order the final winding up of the Respondent on 11 September 2023 at 10h00 or as soon thereafter as the
 matter may be heard; 3. A copy of this order be served on the Respondent at its rergistered office; 4. A copy of this
 order be served upon the employees of the respondent at the registered address and the address of the mortgaged
 property, personally or by affixing; 5. A copy of this order be served on every known trade union representing employees
 of the Respondent, if any; 6. A copy of this order be served on the South African Revenue Services; 7. A copy of this
 order be published forthwith once in the Government Gazette and once in the local newspaper circulating in the
 Kempton Park area; and 8. A copy of this order be forthwith forwarded to each known creditor by prepaid registered
 post or by electronic registered mail; 9. The costs of this application shall be costs in administration of the estate of the
 Respondent. By Order Registrar of the High Court Gauteng Division, Pretoria For the Applicant: Adv. LA Pretorius -
 0826344885 Email: lindap@law.co.za Instructed by: Findlay and Niemeyer Inc. - 012 342 9164 Ref: M
 Coetzee/SG/F7253 Email: martin@findlay.co.za
                                                    ----------oo0oo----------
                                                                                                       Case No: 2441/2023
                                                                                                             041-585 7921
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        (Eastern Cape Division, Gqeberha)
                       Gqeberha, 2023-08-01, Before the Honorable Mister Justice Eksteen J
             In the ex parte application of: The National Director of Public Prosecutions, Applicant
  In re: R15 368 in cash seized on 19 February 2023 and held by SAPS under New Brighton CAS 160/02/2023
                                       and SAP 13/180/2023 (the property)
                                                        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 obtained a preservation of property order in the High Court of
 South Africa (Eastern Cape Division, Gqeberha) under case number 2441/2023 in re : R15 368 in cash seized
 on 19 February 2023 and held by SAPS under New Brighton CAS 160/02/2023 and SAP 13/180/2023( a copy of
 which can be obtained from the person mentioned in par 9 hereunder)

           This notice is addressed to MAWABO SWEKILE and all 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

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 25 Augustus 2023                                        No. 49187   47

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.
          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.
          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
                                                  ----------oo0oo----------
                                                                                                     Case No: 2476/2023
                                                                                                           041-585 7921
                                   IN THE HIGH COURT OF SOUTH AFRICA
                                       (Eastern Cape Division, Gqeberha)
                      Gqeberha, 2023-08-01, Before the Honorable Mister Justice Eksteen J
            In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: R27 100 in cash seized on 14 April 2023 and held by SAPS under Gelvandale CAS 113/04/2023 and SAP
                                            13/402/2023 (the property)
                                                       annexure a
         NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
                                                     (POCA)

Source