ZA Trucks and Trailers Sales PTY with its Primary place of business being at Plot

Court order seizes property linked to crime · Published 2024-02-16 · What is a POCA?

Party
ZA Trucks and Trailers Sales PTY with its Primary place of business being at Plot
Date
2023-11-09

Case

Case number
M618/2023
Court
Eastern Cape Division , East London Circuit Court

Parties addressed

  • ZA Trucks and Trailers Sales PTY with its Primary place of business being at Plot

Asset description

1. A Volvo FH480 6X6 TT Heavy load vehicle with register number VBG156W, Chassis number YV2RSWOD1EM921981, engine number D13478221 and license number 039WMLFS and 2. A Tank Clinic LPG semi-trailer tanker with vehicle register number XLZ877W, Vin number AA913AJH3GZDW1030 and licence number FN81WFGP(FN9WFFS), seize by members of the South African Police Services (SAPS) on 3 May 2023 and held at SAPS Buffelshoek under CAS number 01/05/2023 and SAP13/12/2023. (a copy of the application and order can

From the gazette

                                                                                       Case No: M438/2023
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                       (NORTH WEST DIVISION, MAHIKENG)
                    MMABATHO, 2023-08-17, BEFORE THE HONOURABLE JUSTICE REDDY AJ
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
      In re: 1. A Volvo FH480 6X6 TT Heavy load vehicle with register number VBG156W, Chassis number
             YV2RSWOD1EM921981, engine number D13478221 and license number 039WMLFS and
 2. A Tank Clinic LPG semi-trailer tanker with vehicle register number XLZ877W, Vin number
 AA913AJH3GZDW1030 and licence number FN81WFGP(FN9WFFS), seize by members of the South African
 Police Services (SAPS) on 3 May 2023 and held at SAPS Buffelshoek under CAS nub
  AN APPLICATION IN TERMS OF SECTION 38(1) 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 Organised Crime Act, No. 121 of 1998 in the High Court of South Africa (North
 West Division, Mahikeng) on 09 November 2023 in case number M618/2023 in relation to:

           1. A Volvo FH480 6X6 TT Heavy load vehicle with register number VBG156W, Chassis number
 YV2RSWOD1EM921981, engine number D13478221 and license number 039WMLFS and
          2. A Tank Clinic LPG semi-trailer tanker with vehicle register number XLZ877W, Vin number
 AA913AJH3GZDW1030 and licence number FN81WFGP(FN9WFFS), seize by members of the South African Police
 Services (SAPS) on 3 May 2023 and held at SAPS Buffelshoek under CAS number 01/05/2023 and SAP13/12/2023.
 (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).

         This notice is addressed to ZA Trucks and Trailers Sales PTY with its Primary place of business being at Plot
 24, Van Wyk Restante , Muldersdrift, Krugersdorp, Chipindu Tatenda in his capacity as the sole director of Oil Solution
 Group with its primary place of business being at 158 5th street, Sandhurst, Sandton office towers and Shadrack
 Chauke Bhasera in his capacity as the truck driver with his residential adress being at 5341 Match Street, Alexandra,
 Johannesburg and any 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 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 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

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 16 Februarie 2024                                       No. 50139   55

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:
           The State Attorney: Attorneys for Applicant Justice Chambers, First floor, East Gallery, Megacity Sekame
Street, Mmabatho TEL: 018 381 0669,Fax: 018 381 1575,REF: Ms O Ndabeni/P2
                                                  ----------oo0oo----------
                                                                                                   Case No: EL 168/2024
                                                                                                          041-585 7921
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                 (Eastern Cape Division , East London Circuit Court)
                        East London, 2024-02-06, Before the Acting Justice Cengani - Mbakaza
              In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: In re to: R12 948.50 in cash which is the proceeds of unlawful activities and was seized by the South
African Police Service on 24 June 2023 and is held under Buffalo Flats CAS number 106/06/2023 (a copy of
which can be obtained from the person motioned in par 9 hereunder

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