Maine Management and Chartered Accountant (Maine Management), Thapelo

Court order seizes property linked to crime · Published 2023-09-15 · What is a POCA?

Party
Maine Management and Chartered Accountant (Maine Management), Thapelo

Case

Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • Maine Management and Chartered Accountant (Maine Management), Thapelo

Identifiers

Cash amount
R1 971 657.75

From the gazette

                                                                                                   Case No: 4395/2023
                                                                                                     ANNEXURE: Yes
                                                                                           P/H of Docex: 051 410 6121
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                           (Free State High Court, Bloemfontein)
                              Bloemfontein, 2023-08-21, Honourable Judge M OPPERMAN
                    In the ex parte application of: The National Director of Public Prosecutions
   In re: An amount of R1 971 657.75 currently held by First National Bank under Account number 62466878702,
   held under Parkroad CAS 317/08/2023.
                                                Preservation Order Notice
               Notice in terms of section 39 of the Prevention of Organised Crime Act 121 of 1998 (POCA)
   This notice is addressed to Maine Management and Chartered Accountant (Maine Management), Thapelo
   Kitso Theodore Mocwaledi (Mocwaledi), Terrance Mathe (Mathe) and all other persons who may have an
   interest in amount of R1 971 657.75 (the property):
   Take notice that:
   1. The National Director of Public Prosecutions (the Applicant) has obtained a preservation of property order (the
   order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property;

                               This gazette is also available free online at www.gpwonline.co.za
                                     STAATSKOERANT, 15 September 2023                                        No. 49301   43

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 Applicant will, within 90 days of publication of this notice, apply to the High Court under
section 48 of the POCA for an order declaring the property forfeit to the state. The 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), 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.
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 Office of the State
Attorney, Applicant's Attorneys, 11th Floor, Fedsure Building, 49 Charlotte Maxeke Street, BLOEMFONTEIN. Tel:
051 400 4300.
Any correspondence or other enquiries must also be directed to this address or contact number.
Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 Westlake Avenue, Weavind
Park, Pretoria, 0127. Tel: 012 845 6718. E-mail: nndaba@npa.gov.za.
Date submitted: 2023-09-08.
                                                   ----------oo0oo----------

                                                                                           Case No: 2023-032520
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                         (GAUTENG DIVISION, PRETORIA)
                           PRETORIA, 2023-09-05, JUSTICE VAN DER WESTHUIZEN J
               In the matter between: CONVATEC SOUTH AFRICA (PTY) LTD - APPLICANT and
                               UMSINSI HEALTH CARE (PTY) LTD - RESPONDENT
The Order is made an Order of Court by the judge whose name is reflected herein, duly stamped by the Registrar
of the Court and submitted electronically to the parties and/or their legal representatives by email. This Order is
further uploaded to the electronic file of this matter on Case Lines by the Judge or his/her secretary. The date of
this Order is deemed to be 05 September 2023.
Having read the papers filed of record, heard counsel and considered the matter, the following Order is made in
the following terms:
1. That the Respondent be wound-up in the hands of the Master.
2. That the costs of this application be in the administration of the Respondent.
3. Publication of this Order in the Government Gazette and the Citizen.
By Order of the Court. - The Registrar.
Counsel details for the Applicant: Name: Adv D Weyers. E-mail: dylan@clubadvocates.co.za. Contact Number:
066 057 01154.
Attorneys for the Applicant: Applicants' Attorney: Coombe Commercial Attorneys. E-mail: ceg@coombe.co.za /
lar@coombe.co.za. Contact Number: 012 111 0972. Reference: CEG/CON/0001.
Coombe Inc, Unit 5, Erf 615, 77 Amatole Street, Western Gate, N4 Gateway Industrial Park, Willow Park Manor,
Pretoria East. Tel: 012-111-0972. E-mail: lar@coombe.co.za.
Date submitted: 2023-09-06.
                                                 ----------oo0oo----------

                             This gazette is also available free online at www.gpwonline.co.za
44  No. 49301                     GOVERNMENT GAZETTE, 15 September 2023

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