Yamnkela Nqwala
Court order seizes property linked to crime · Published 2023-10-20 · What is a POCA?
- Party
- Yamnkela Nqwala
- ID / Reg no
- 2003/011056/07
Case
- Case number
- 685/2023
- Court
- GAUTENG DIVISION JOHANNESBURG
Parties addressed
- Yamnkela Nqwala
Asset description
In re: Opel Corsa with registration no JJL992EC with Chassis number ADMXF19KB64310982 and engine number C16SE02CN6980 a) which is an instrumentality of unlawful activities and cash in the sum of R1200 which is the proceeds of unlawful activities and was seized by the South African Police Service on 30 December 2022 and is held under KWT CAS 342/12/2022. (a copy of which can be obtained from the person motioned in par 9 hereunder.)
Identifiers
- Company regs
- 2003/011056/07, 2006/021576/07, 1994/009715/23, 2013/042749/08
From the gazette
Case No: 685/2023
041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(EASTERN CAPE DIVISION ,BHISHO)
BHISHO, 2023-10-03, Before the Honorable Acting Justice TILANA -MABECE
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re: Opel Corsa with registration no JJL992EC with Chassis number ADMXF19KB64310982 and engine
number C16SE02CN6980 a) which is an instrumentality of unlawful activities and cash in the sum of R1200
which is the proceeds of unlawful activities and was seized by the South African Police Service on 30 December
2022 and is held under KWT CAS 342/12/2022. (a copy of which can be obtained from the person motioned in
par 9 hereunder.)
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 BHISHO October 2023 in case number 685/2023 in relation to: In re: Opel Corsa
with registration no JJL992EC with Chassis number ADMXF19KB64310982 and engine number C16SE02CN6980 a)
which is an instrumentality of unlawful activities and cash in the sum of R1200 which is the proceeds of unlawful
activities and was seized by the South African Police Service on 30 December 2022 and is held under KWT CAS
342/12/2022.
(a copy of which can be obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Yamnkela Nqwala 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
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
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 Oktober 2023 No. 49515 37
Case No: 2023-047390
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION JOHANNESBURG)
JOHANNESBURG, 2023-09-14, BEFORE THE HONOURABLE MUDUA J
In the matter between: ABSA BANK LIMITED, Applicant, and GRAVITATE INVESTMENT PROPERTIES (PTY)
LTD, Respondent
Having heard counsel for the Applicant and having read the papers filed on record
IT IS ORDERED THAT
[1] The above-mentioned respondent is hereby placed under provisional liquidation. [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 1 November 2023 at 10:00 am or so soon thereafter as the matter may be heard. [3] That service of
the provisional order of liquidation be effected: [3.1] on the respondent at its registered office address; [3.2] on the office
of the South African Revenue Service; [3.3] on any registered trade union, as far as the Sheriff can reasonably
ascertain, representing any of the employees of the respondent; [3.4] on the employees of the respondent by affixing
a copy of the application to any notice board to which the employees have access at the respondent's premises, or if
there is no such access to the premises by the employees, by affixing a copy to the front gate of the premises from
which the respondent conducted any business at the time of the presentation of the application papers. [4] That the
provisional order of liquidation be published in the Government Gazette and The Star newspaper, alternatively the
Citizen newspaper. [5] The costs of the application be costs in the liquidation of the respondent.
REGISTRAR
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Case No: 13092/2023
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN)
WESTERN CAPE, 2023-09-11, HONOURABLE MR JUSTICE THULARE
In the matter between: SB GUARANTEE COMPANY (RF) PROPRIETARY LIMITED, APPLICANT
(REGISTRATION NUMBER: 2006/021576/07), and MNGOMA SEEDAT & ASSOCIATES, RESPONDENT
(REGISTRATION NUMBER: 1994/009715/23)
AFTER READING the documents filed, and hearing Counsel for the Applicant, IT IS ORDERED THAT: 1.
That the Respondent is placed under provisional winding up in the hands of the Master;
2. That a rule nisi is issued calling upon the Respondent and all interested parties to appear on 1 NOVEMBER
2023 and provide reasons as to why: 2.1. a final order of liquidation should not be granted; and 2.2. the Applicant's
costs of the application, including all reserved costs, should not be costs in the winding up. 3. Service of this Order be
effected as follows: 3.1. By the Sheriff on the Respondent at its registered address situated at 82 KROMBOOM ROAD,
RONDEBOSCH EAST, CAPE TOWN, WESTERN CAPE; 3.2. By the Sheriff on the Employees of the Respondent;
3.3. On the South African Revenue Service; 3.4. By publication in the Government Gazette and 1 (one) edition of the
Cape Times newspaper. 4. The Registrar of this Honourable Court shall transmit a copy of this Provisional order to the
Sheriff of the district in which the registered office of the Respondent is situated and to the Sheriff of every province in
which it appears that the Respondent owns business. The Sheriff of this Honourable Court shall attach all property
which appears to belong to the Respondent and transmit to the Master of the High Court an inventory of all property
attached by him or her in terms of Section 19 of the Insolvency Act 24 of 1936.
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Case No: 2023-038279
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-08-25, JUDGE OLIVIER, AJ
In the matter between: BRAKFONTEIN HOME OWNERS ASSOCIATION (NPC) (REG NO: 2013/042749/08),
Applicant, and ACTEBIS 122 (PTY) LTD (REG NO: 2003/011056/07), Respondent
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 e-mail. This
Order is further uploaded to the electronic file of this matter on Case Lines by the Judge's Secretary. The date
of this Order is deemed to be 03 JUNE 2021.
Having heard counsel for the Applicant and having read the documents file of record , the following order is
made an order against the Respondent:
This gazette is also available free online at www.gpwonline.co.za
38 No. 49515 GOVERNMENT GAZETTE, 20 October 2023