Lobito Investments (Pty) Ltd, Zig Trading (Pty) Ltd, Nicholas Correia Dinis, Nelita
Court order seizes property linked to crime · Published 2023-12-22 · What is a POCA?
- Party
- Lobito Investments (Pty) Ltd, Zig Trading (Pty) Ltd, Nicholas Correia Dinis, Nelita
- Date
- 2023-11-02
Case
- Case number
- 2023/110212
- Court
- Gauteng
Parties addressed
- Lobito Investments (Pty) Ltd, Zig Trading (Pty) Ltd, Nicholas Correia Dinis, Nelita
Asset description
Movable property identified as a white Mercedes-Benz Actros 2646LS 33 Truck with Registration number FF52LGGP, Engine number 541948C0985412, Chassis number WDB93424160016618, and a white 3AST Van-Body Afrit 3 Axle Refrigerated Trailer with Registration number JZF575NW and Chassis number ADV16396AA01J1655 seized by members of the South African Revenue Service on 25 January 2022 kept at Commercial Cold Storage, City Deep under Cleveland CAS 221/01/2022.
From the gazette
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, Johannesburg) on 2 November 2023 in Case number 2023/110212, in relation to: Movable property identified
as a white Mercedes-Benz Actros 2646LS 33 Truck with Registration number FF52LGGP, Engine number
541948C0985412, Chassis number WDB93424160016618, and a white 3AST Van-Body Afrit 3 Axle Refrigerated
Trailer with Registration number JZF575NW and Chassis number ADV16396AA01J1655 seized by members of the
South African Revenue Service on 25 January 2022 kept at Commercial Cold Storage, City Deep under Cleveland
CAS 221/01/2022.
This notice is addressed to: Lobito Investments (Pty) Ltd, Zig Trading (Pty) Ltd, Nicholas Correia Dinis, Nelita
Dos Santos Dinis and all other persons who have an interest in the movable property identified as a white Mercedes-
Benz Actros 2646LS 33 Truck with Registration number FF52LGGP, Engine number 541948C0985412, Chassis
number WDB93424160016618, and a white 3AST Van-Body Afrit 3 Axle Refrigerated Trailer with Registration number
JZF575NW and Chassis number ADV16396AA01J1655, seized by members of the South African Revenue Service on
25 January 2022, kept at Commercial Cold Storage, City Deep under Cleveland CAS 221/01/2022 (the property):
Take notice that:
1. The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of the property.
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 in sections 39(3), (4) and (5) of the POCA. An
appearance must comply with these requirements.
5. 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 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. In terms of Rule 6(8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours' notice, set
down the matter for reconsideration.
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, Applicant's
Attorneys, 10th Floor, North State Building, 99 Albertina Sisulu Street, Cnr Kruis Street; Private Bag X9, Johannesburg.
Tel: (011) 220 4087. E-mail: MeMahloko@npa.gov.za. Ref: 2023/P14/MMahloko Correira N.
Any correspondence or other enquiries must also be directed to this address or contact number.
National Prosecuting Authority (Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg. E-mail: MeMahloko@npa.gov.za. Tel: 011 220 4087.
Date Submitted: 2023-12-11.
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This gazette is also available free online at www.gpwonline.co.za
30 No. 49930 GOVERNMENT GAZETTE, 22 December 2023