YONG XU

Court order seizes property linked to crime · Published 2023-11-17 · What is a POCA?

Party
YONG XU

Case

Case number
3417/2023

Parties addressed

  • YONG XU

From the gazette

                                                                                                  Case No: 063286/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                             (GAUTENG DIVISION, PRETORIA)
                                   PRETORIA, 2023-09-19, HONOURABLE JUDGE DAVIS
  In the matter between: CENTURION HOME OWNERS ASSOCIATION and ERF 3171 ELDOPARK (PRETORIA)
                                (PTY) LIMITED, REGISTRATION NUMBER: 2004/008011/07
                                                Provisional Liquidation Order
Having heard argument for the Applicant and having read the documents filed of record, the Court orders:
           1. That the Respondent be and is hereby placed under provisional winding-up.
           2. That a rule nisi is hereby issued calling on the Respondent and all other interested parties to show cause,
if any, to this Court at 10H00 on 25 January 2024, as to why the Respondent should not be placed under final winding-
up.
           3. That the costs of the application be costs in the winding-up.
           Attorneys for the Applicant: Prinsloo - van der Linde & Thessner Attorneys. Tel: 012 348 4375.
           Prinsloo-van der Linde & Thessner Attorneys, First Floor, Block A, Agri-Hub Office Park, 477 Witherite Street,
Die Wilgers, Pretoria, 0184. E-mail: cecilia@pvtlaw.co.za. Tel: 012 348 4375.
                                                   ----------oo0oo----------
                                                                                                        Case No: 3417/2023
                                         IN THE HIGH COURT OF SOUTH AFRICA
                                              (Eastern Cape Division, Gqeberha)
                             Gqeberha, 2023-10-17, Before the Honorable Mister Justice Brooks J
                      In the ex parte application of: The National Director of Public Prosecutions
In re: A Nissan X-Trail SUV with registration number JXT 017 EC seized on 19 August 2022 and held under Swartkops
CAS 107/08/2022 (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 3417/2023 in re: A Nissan X-Trail SUV with
Registration number JXT 017 EC seized on 19 August 2022 and held under Swartkops CAS 107/08/2022 (the property)
(a copy of which can be obtained from the person mentioned in par 9 hereunder).
          This notice is addressed to: YONG XU 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.

                                This gazette is also available free online at www.gpwonline.co.za
42  No. 49718                       GOVERNMENT GAZETTE, 17 November 2023

Source