FRANK DANIEL BARENDS and DERRICK MARTIN MARCO and all other

Court order seizes property linked to crime · Published 2023-10-27 · What is a POCA?

Party
FRANK DANIEL BARENDS and DERRICK MARTIN MARCO and all other
ID / Reg no
2018/420850/07

Case

Case number
3479/2023
Court
GAUTENG DIVISION, PRETORIA

Parties addressed

  • FRANK DANIEL BARENDS and DERRICK MARTIN MARCO and all other

Identifiers

Company regs
2018/420850/07, 1999/022780/23, 2012/172234/07, 2000/023853/07

From the gazette

                                                                                                      Case No: 3479/2023
                                                                                            P/H or Docex Nr.: 041-585 7921
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                               (Eastern Cape Division, Gqeberha)
                              Makhanda, 2023-10-03, Before the Honorable Mister Justice Bloem J
                                        The National Director of Public Prosecutions
            In re: A gold Porsche Cayenne SUV motor vehicle with registration number HRW 465 EC and a Venter trailer
 with registration number DPW 094 EC seized on 2 May 2023 and held under Graaff-Reinett CAS 25/05/023 (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 3479/2023 in re: A gold Porsche Cayenne SUV
 motor vehicle with Registration number HRW 465 EC and a Venter trailer with Registration number DPW 094 EC seized
 on 2 May 2023 and held under Graaff-Reinett CAS 25/05/023 (the property) (the property)) (a copy of which can be
 obtained from the person mentioned in par 9 hereunder).
            This notice is addressed to: FRANK DANIEL BARENDS and DERRICK MARTIN MARCO 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 c/o HUXTABLE ATTORNEYS, 26 New Street, Makhanda. Tel: 046 622 2961. owen@huxtable
 attorneys.co.za.
            Asset Forfeiture Unit (NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS), 123 WESTLAKE AVENUE,
 WEAVIND PARK, PRETORIA,0127. E-mail: waerasmus@justice.gov.za. Tel. No.: 041 585 7921.

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 27 Oktober 2023                                       No. 49551   33

                                                                                                   Case No: 3360/2023
                                       IN THE HIGH COURT OF SOUTH AFRICA
                                [MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT)]
                          NELSPRUIT, 2023-09-05, HONOURABLE JUDGE: A J GUMEDE,
    KANYI ILANGA TRADING (PTY) LTD, Registration number: 2012/172234/07 and NGALA FORESTRY CC,
                                         Registration number: 1999/022780/23
                                                          COURT ORDER
Having read the papers filed of record and having considered the matter, it is ordered that:
1. The Respondent Close Corporation is placed under provisional winding-up.
2. All persons who have a legitimate interest are called upon to put forward their reasons why the Court should not
order the final winding-up of the Respondent close corporation on 2 October 2023 at 10h00, or soon thereafter as the
matter may be heard.
3. The costs of the application will be costs in the liquidation.
4. The Applicant shall serve this provisional order on all known creditors and all the interested parties as provided for
in section 346(4A) of the Companies Act, 61 of 1973, read with section 224(3) of the Companies Act, 71 of 2008, and
shall publish an abridged copy of this Order in the Government Gazette and the Lowvelder newspaper.
          MARKUS SAAYMAN INCORPORATED, 15 VENTER STREET, NELSPRUIT, 1200. E-mail: anna@
msaaymaninc.co.za. Tel No.: 013-753-2782.
                                                 ----------oo0oo----------
                                                                                            Case No: 2023/038432
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                           (GAUTENG DIVISION, PRETORIA)
                              PRETORIA, 2023-08-11, Honourable Justice Ms. Bokako AJ
        In the matter between: SILVERTON REINFORCING STEEL (PTY) LTD (REGISTRATION NUMBER:
   2000/023853/07) and AMAWAKAWAKA PROJECTS (PTY) LTD (REGISTRATION NUMBER: 2018/420850/07)
AFTER HAVING READ the papers and having considered the matter the following Order is made:
                                          THE FOLLOWING ORDER IS MADE:
1. The Respondent is hereby placed under provisional liquidation.
2. The Respondent and any other party who wishes to avoid such an order being made final are called upon to advance
reasons, if any, why the court should not grant a final order of liquidation of the Respondent on the
14 NOVEMBER 2023 at 10h00, or as soon thereafter as the matter may be heard.
3. The order must be served on the Respondent's registered address as well as on its employees and Trade Unions,
if any.
4. The order must be served on the Master of the High Court and the South African Revenue Services.
5. This Order must be advertised once in the Government Gazette and once in the Citizen.
6. Costs of the application to be costs in the liquidation.
By Order.
PRINSLOO ATTORNEYS INCORPORATED, 159 ELIZABETH STREET, WONDERBOOM, PRETORIA, 0182. E-mail:
admin@prinsloolaw.co.za. Tel. No.: 012 329 6647.
                                                 ----------oo0oo----------

                               This gazette is also available free online at www.gpwonline.co.za
34  No. 49551                        GOVERNMENT GAZETTE, 27 October 2023

Source