Phillip Fanyana Ntuli

Court order seizes property linked to crime · Published 2023-12-08 · What is a POCA?

Party
Phillip Fanyana Ntuli
ID / Reg no
2005/111596/23

Case

Case number
9691/2023
Court
Limpopo Local

Parties addressed

  • Phillip Fanyana Ntuli

Asset description

A white Nissan NP200 motor vehicle bearing registration numbers CB 49 TT GP, Chassis number AAPV0341780638370, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal policing area under case docket Hoopdal CAS 25/10/2021 and held at Thabazimbi police station with reference number SAP 13 68/2021 and a Silver-Grey Toyota Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number MHKM5FA2N0K008909, seized by the South African Police Service officia

Identifiers

Company regs
2005/111596/23

From the gazette

                                                   ----------oo0oo----------
                                                                                                     Case No: 9691/2023
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                      (LIMPOPO LOCAL DIVISION, POLOKWANE)
                  POLOKWANE, 2023-10-20, Before the Honourable: Acting Judge Marais, in Chambers
                          THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: a) A White Nissan NP200 motor vehicle bearing registration numbers CB 49 TT GP, Chassis number
 AAPV0341780638370, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal policing
 area under case docket Hoopdal CAS 25/10/2021 and held at Thabazimbi police station with reference number SAP
 13 68/2021; and
 b) a Silver-Grey Toyota Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number
 MHKM5FA2N0K008909, seized by the South African Police Service officials on 30 October 2021 in the Hoopdal
 policing area under case docket Hoopdal CAS 25/10/2021 and held at Thaba.
     IN THE APPLICATION FOR A PRESERVATION ORDER IN TERMS OF SECTION 38 OF ACT 121 OF 1998
       NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998
 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 0of 1998 in the High Court of South Africa (Limpopo Local
 Division, Polokwane) on the 20th day of October 2023 in case number 9691/2023, in relation to: A white Nissan NP200
 motor vehicle bearing registration numbers CB 49 TT GP, Chassis number AAPV0341780638370, seized by the South
 African Police Service officials on 30 October 2021 in the Hoopdal policing area under case docket Hoopdal CAS
 25/10/2021 and held at Thabazimbi police station with reference number SAP 13 68/2021 and a Silver-Grey Toyota
 Avanza motor vehicle bearing registration numbers HT 14 VT GP, Chassis number MHKM5FA2N0K008909, seized by
 the South African Police Service officials on 30 October 2021 in the Hoopdal policing area under case docket Hoopdal
 CAS 25/10/2021 and held at Thabazimbi police station with reference number SAP 13 68/2021(a copy of the application
 and order can be obtained from the person mentioned in Par 10 hereunder).
           1. This notice is addressed to: Phillip Fanyana Ntuli, residing at 27 Browning Street, Johannesburg, Gauteng
 Province, N Mushtaq, residing at 17 Nehru Road, Ladysmith, Kwa Zulu Natal Province and Standard Bank situated at
 9th Floor, Standard Bank Centre, 5 Simmons Street, Johannesburg, Gauteng Province; and to all other persons who
 may have an interest in the property described above.
           Take notice that:

                                This gazette is also available free online at www.gpwonline.co.za
                                          STAATSKOERANT, 8 Desember 2023                                          No. 49834   45

           2) 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.
           3) 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 order declaring the property forfeit to the state. The order will remain in
force until the application for a forfeiture order is finalised, and until any forfeiture order that is made is satisfied.
           4) 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 sections 39(3), (4) and (5) of the
POCA. An appearance must comply with these requirements.
           5) Your intention is specifically drawn to the 14-day time limit prescribed in section 39(4) for the entry of an
appearance referred to in Paragraph 4 above.
           6) 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.
           7) 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.
           8) 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.
           9) 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.
           10) 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 T Nkwana, Limpopo High Court Building, Block B, 2nd Floor, 36 Biccard Street, Polokwane, 0699. Reference:
AFU-43/23/NT. His contact details are as follows: Private Bag X 9705, Polokwane, 0700. Tel: (015) 230 6308 and
Fax 086 452 8838.
           Any correspondence or other enquiries must also be directed to this address or contact number.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: KMapila@npa.gov.za. Tel: 015 045 0195.
           Date Submitted: 2023-11-27.
                                                   ----------oo0oo----------

                                                                                              Case No: 2023/064061
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                    (GAUTENG LOCAL DIVISION, JOHANNESBURG)
                JOHANNESBURG, 2023-10-19, BEFORE THE HONOURABLE JUSTICE MOLELEKI AJ.
      In the matter between: AUPATELECOM (PTY) LTD (Registration Number: 2012/17658/07) and MAREDI
                              TECHNOLOGIES CC (Registration Number: 2005/111596/23)
           HAVING READ THE DOCUMENTS FILED OF RECORD, HEARD COUNSEL AND CONSIDERED THE
MATTER, THE FOLLOWING ORDER IS MADE:
           THAT:
           1. The estate of the Respondent is placed under provisional liquidation.
           2. The Respondent, or any other interested parties, be called upon to advance reasons, if any, on 6
FEBRUARY 2024 at 10h00, why this Order should not be made final.
           3. This Order be served upon the Respondent at the registered office of the Respondent by way of Sheriff.
           4. This Order be served upon the employees of the Respondent at the registered address of the Respondent
by way of Sheriff.
           5. This Order be served upon the Master of the High Court and the South African Revenue Service by way of
filing notice, by hand.
           6. That a copy of this Order be published once in the Government Gazette.
           7. The costs of the application are costs in the liquidation.

                                 This gazette is also available free online at www.gpwonline.co.za
46  No. 49834                       GOVERNMENT GAZETTE, 8 December 2023

Source