1) R Wilson

Court order seizes property linked to crime · Published 2023-11-03 · What is a POCA?

Party
1) R Wilson
Date
2023-03-31

Case

Case number
2023-022158
Court
Gauteng Division, Pretoria

Parties addressed

  • 1) R Wilson

Asset description

- Silver Volkswagen Polo with registration number KGJ 967 MP, chassis/VIN number AAVZZZ6SZEU028891 and engine number CLP185639 - White Kia Sportage with registration number BM38BRGP, chassis/VIN number KNAPC811LC7212305 and engine number G4KDBS141442 held by the SAPS at Pretoria West SAPS vehicle pound and registered under SAP 13/298-797/2022 with criminal case docket Lyttelton CAS 289/12/2022.

From the gazette

          1. THAT: The Respondent company be provisionally liquidated and placed in the hands of the master of the
 Honourable Court
          2. THAT: All persons who have legitimate interest are called upon to put forward their reasons why this Court
 should not order the final liquidation of the Respondent company on 16 November 2023
          3. THAT: A copy of this order be served on the Respondent Company, at its registered office and be published
 in the Government Gazette and in a local newspaper circulating in the area of the registered office of the Respondent
 Company
          4. THAT: A copy of this order to be served on The South African Revenue Services, The Master of the High
 Court, Employees of the Respondent Company and Any Trade Union of the Employees of the Respondent Company
          5. THAT: Costs in the liquidation application.
                                                  ----------oo0oo----------
                                                                                             Case No: 2023-022158
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                          (GAUTENG DIVISION, PRETORIA)
             PRETORIA, 2023-03-31, BEFORE THE HONOURABLE JUSTICE LEDWABA, IN CHAMBERS
      In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
            In re: Silver Volkswagen Polo with registration number KGJ 967 MP, Chassis/VIN number
                               AAVZZZ6SZEU028891 and engine number CLP185639
 White Kia Sportage with registration number BM38BRGP, Chassis/VIN number KNAPC811LC7212305 and
 engine number G4KDBS141442 held by the SAPS at Pretoria West SAPS vehicle pound and registered under
 SAP 13/289-797/2022 with criminal case docket Lyttelton CAS 289/12/2022.
            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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa
 (Gauteng Division, Pretoria) on 31 March 2023 in case number 2023-022158 in relation to:
          - Silver Volkswagen Polo with registration number KGJ 967 MP, chassis/VIN number AAVZZZ6SZEU028891
 and engine number CLP185639
          - White Kia Sportage with registration number BM38BRGP, chassis/VIN number KNAPC811LC7212305 and
 engine number G4KDBS141442 held by the SAPS at Pretoria West SAPS vehicle pound and registered under SAP
 13/298-797/2022 with criminal case docket Lyttelton CAS 289/12/2022.

          (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder.)

         This notice is addressed to 1) R Wilson, whose last known address is SARS Campus 28, ST Austell Road,
 New Redruth and
         2) NE Mdluli, whose last known address is number 8157 Extension 24, Nasareth, Middleburg, Mpumalanga
 Province, and any other person who may have an interest in the property described above.

                               This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 3 November 2023                                          No. 49593   35

           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 addresses:THE STATE
ATTORNEY:Mr K Kgapola, 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) 309 01649/50. Email:
KKgapola@justice.gov.za
                                                   ----------oo0oo----------
                                                                                                       Case No: 2023-019655
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              (GAUTENG DIVISION, PRETORIA)
                         Pretoria, 2023-03-01, The Honorable Justice Ledwaba DJP in chambers
                                     In the ex parte application of: NDPP, Applicant
      In re: An amount of R2 522 255.97 and interest held in the Standard Bank Mymobiz account number
                10157271577 held in the name of Yoluleko (Pty) Ltd with registration 2019/147327/07
   AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
                                                              1998

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