Rose Nkungu of No 3 Kok Street - Matatiele- Eastern Cape
Court order seizes property linked to crime · Published 2023-10-13 · What is a POCA?
- Party
- Rose Nkungu of No 3 Kok Street - Matatiele- Eastern Cape
- ID / Reg no
- 2014/025288/07
- Date
- 2023-07-25
Case
- Case number
- 2948/2023
Parties addressed
- Rose Nkungu of No 3 Kok Street - Matatiele- Eastern Cape
Asset description
THE CREDIT BALANCE INCLUDING INTEREST IN FIRST NATIONAL BANK, ACCOUNT NUMBERS 6293572868, WHICH IS THE PROCEEDS OF UNLAWFUL ACTIVITIES) HELD UNDER MATATIELLE UNDER CAS NO. 35/03/2023.
Identifiers
- Company regs
- 2014/025288/07, 2008/018905/23, 2014/157653/07
From the gazette
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Case No: 3065/2023
P/H or Docex Nr:
0475029900/0834070797
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE LOCAL DIVISION, MTHATHA)
MTHATHA, 2023-07-25, JUDGE PAKATI
In the application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTION and ROSE NKUNGU
In re: APPLICATION IN TERMS OF S39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 IN
RESPECT OF THE CREDIT BALANCE INCLUDING INTEREST IN FIRST NATIONAL BANK, ACCOUNT NUMBERS
6293572868, WHICH IS THE PROCEEDS OF UNLAWFUL ACTIVITIES).
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 39 of the Organised Crime Act, No.121 of 1998, in the High Court of South African (Eastern Cape
Local Division, Mthatha) on 25 JULY 2023 in Case number 2948/2023, in relation to THE CREDIT BALANCE
INCLUDING INTEREST IN FIRST NATIONAL BANK, ACCOUNT NUMBERS 6293572868, WHICH IS THE
PROCEEDS OF UNLAWFUL ACTIVITIES) HELD UNDER MATATIELLE UNDER CAS NO. 35/03/2023.
This notice is addressed to: Rose Nkungu of No 3 Kok Street - Matatiele- Eastern Cape, and all persons who
may have an interest.
TAKE NOTICE THAT:
1. If you have 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 finalized, and until any forfeiture order that is made is satisfied.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 13 Oktober 2023 No. 49462 37
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 also are dealt with in section 39(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 the section 39(4) for the entry of an
appearance referred 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 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 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 specially advised that even if you intend to apply reconsideration of the preservation order in this
case, you must in addition comply with Paragraph 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 documents
on the Applicant, you must deliver or serve them on the Applicant at the following address: The State Attorney: Mr. A.
Ludidi, 1st Floor, Broadcast House, 94 Sission Street v Fortgale, Mthatha. Tel: 047 502 9900. Ref:
ALudidi@justice.gov.za.
ANATHI LUDIDI O.B.O STATE ATTORNEY, 94 SISSION STREET, FORTAGALE MTHATHA. E-mail:
ALudidi@justice.gov.za. Tel: 047 502 9900.
Date Submitted: 2023-10-02.
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Case No: M373/2023
P/H or Docex Nr: Brooklyn,
Docex 50
IN THE HIGH COURT OF SOUTH AFRICA
[North West Division, Mahikeng (Mmabatho)]
Mahikeng, 2023-08-24, Honourable Madam Justice Mfenyana J
In the matter between: GEOROC (PTY) LTD [Registration: 2014/157653/07] and TEBATSO DITIRO LOGISTICS
CC [Registration number: 2008/018905/23]; IKGO LOGISTICS (PTY) LTD [Registration number: 2014/025288/07]
[The First and Second Respondents acting as unregistered Joint Venture in the name of "Ikgo Logistics JV Tebatso
ditiro logistics"]
HAVING HEARD ADV KASSELMAN, on behalf of the Applicant and having read the Notice of Motion and other
documents filed of record:
IT IS ORDERED:
1. THAT: The First and Second Respondents are hereby placed under provisional winding-up.
2. THAT: All persons who have a legitimate interest are called upon the put forward their reasons why:
2.1 The above Honourable Court should not order the final winding-up of the First and Second Respondents
on the 26th of OCTOBER 2023 at 10H00.
2.2 The above Honourable Court should not order that the costs of this application which is cost in the winding-
up, be on an attorney and client scale.
3. THAT: A copy of this Order be forthwith served on the First and Second Respondents at its registered
address and be published in the Government Gazette and in the Beeld newspaper.
4. THAT: A copy of this Order be forthwith forwarded to each known creditor by registered post.
5. THAT: A copy of this Order be forthwith served on the First and Second Respondents' nominated (As
nominated during the court proceedings) addresses at 1719 Thusano Street, Christiana and 14 Uys Kruger Street,
Vryburg.
BY THE COURT. - REGISTRAR.
This gazette is also available free online at www.gpwonline.co.za
38 No. 49462 GOVERNMENT GAZETTE, 13 October 2023