1) The Department of Public Works with registered office address at AVN Building
Court order seizes property linked to crime · Published 2023-10-20 · What is a POCA?
- Party
- 1) The Department of Public Works with registered office address at AVN Building
- ID / Reg no
- 2014/172060/07
- Date
- 2023-07-12
Case
- Court
- Gauteng Division, Pretoria
Parties addressed
- 1) The Department of Public Works with registered office address at AVN Building
Asset description
Erf 33 Johannesburg Township, Registration Division IR, Province of Gauteng, measuring 496 (four hundred and ninety-six) square metres, held by Deed of Transfer T3832/1996 (“Erf 33 Johannesburg”), situated at 195 Commissioner Street, Johannesburg Gauteng.(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
Identifiers
- Erf numbers
- Erf 33 Johannesburg
- Deed numbers
- T3832/1996
- Company regs
- 2014/172060/07, 2016/311758/07
From the gazette
____________________________
REGISTRAR
HIGH COURT
Serfontein Viljoen & Swart
165 Alexander Street, Brooklyn, Pretoria
email: engela@svslaw.co.za
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Case No: 2023-062905
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division, Pretoria)
Pretoria, 2023-07-12, Honourable Justice Ledwaba
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
In re: Erf 33 Johannesburg Township, Registration Division IR, Province of Gauteng, measuring 496 (four
hundred and ninety-six) square metres, held by Deed of Transfer T3832/1996 (“Erf 33 Johannesburg”), situated
at 195 Commissioner Street, Johannesburg Gauteng.
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, Pretoria) on 12 July 2023 in case number 2023- 062905 in relation to: Erf 33 Johannesburg
Township, Registration Division IR, Province of Gauteng, measuring 496 (four hundred and ninety-six) square metres,
held by Deed of Transfer T3832/1996 (“Erf 33 Johannesburg”), situated at 195 Commissioner Street, Johannesburg
Gauteng.(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to 1) The Department of Public Works with registered office address at AVN Building,
251 Nana Sita Street, Pretoria Central, Pretoria Gauteng Province; 2)The Registrar of Deeds with registered office
address at Cnr Von Weilligh and Rahina Moosa Streets, Johannesburg Gauteng Province; 3)The Johannesburg Social
Housing Company (“JOSHCO”) whose last known address is 61 Juta Street Braamfontein Johannesburg Gauteng
Province. 4)Dempster McKinnon Inc and Mr Mark McKinnon Dempster whose last known address is 2 Maude Street
Sandton 2196 Gauteng Province. 5)Mr Deon Page whose last known address is 39 Eagle Rock Stellenbosch place
Northcliff Gauteng Province . 6)The Van Houten Trust and its trustees, Mark Van Houten, Dylan Van Houten, Tamryn
Van Houten and Sandra van Houten whose last known address is 1 Ridgetan Towers umhlanga Rocks Durban Kwazulu
Natal Province 7) Desiree Mufumadi whose last known address is 1206 Octave Street Radiokop Roodepoort1724
Gauteng Province 8) Mandla Xaba whose last known address is 39 Eagle Rock Stellenbosche Place Northcliff Gauteng
Province 9)Sivuyile Sandile Zilwa and Makaula Zilwa Inc whose last known address is 144 Katherine Street, Block C
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 20 Oktober 2023 No. 49515 39
Grayston Ridge Office Park Sandton Gauteng Province. 10) Isumali Thusi whose last known address is 58 Mysori
Street Kagiso 1754 Gauteng Province 11) Makaula Zilwa Incorporated Attorneys whose last known address is 144
Katherine Street, Block C Grayston Ridge Office Park Sandton, Gauteng Province and all 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 an 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 Act. 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 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 Act;
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:THE STATE ATTORNEY:Mr
KKgapola, SALU Building, 316 Thabo Sehume Street, Pretoria. His contact details are as follows: Private Bag X 91,
Pretoria, 0001. Tel: (012) 309 1500 / 012 309 1677 and Fax: (012) 309KKgapola@justice.gov.za and
CLSibiya@npa.gov.za.
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Case No: 2023-043295
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2023-09-06, JUDGE KOBUS BURGER
In the matter between: MEDITEST (PTY) LTD (REG NO: 2016/311758/07), Applicant, and AFRICAN RICH
PROJECTS (PTY) LTD (REG NO: 2014/172060/07), 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 06 September 2023
Having heard counsel for the Applicant and having read the documents file of record , the following order is
made an order against the Respondent:
IT IS ORDERED THAT
1. The Respondent be placed under a PROVISIONAL WINDING-UP order in the hands of the Master of the
above Honourable Court.
2. That a Rule nisi be issued calling upon the Respondent and all other interested parties to furnish reasons,
if any, to the above Honourable Court on the 27 November 2023 as to why:
This gazette is also available free online at www.gpwonline.co.za
40 No. 49515 GOVERNMENT GAZETTE, 20 October 2023