Notice
Court order seizes property linked to crime · Published 2024-02-23 · What is a POCA?
- Date
- 2024-01-08
Case
- Case number
- 2023-130509
- Court
- Gauteng Division, Pretoria
From the gazette
Case No: 2023-130509
IN THE HIGH COURT OF SOUTH AFRICA
(Gauteng Division , Pretoria)
Pretoria, 2024-01-08, The Honorable Justice Ledwaba DJP in chambers
In the ex parte application of: NDPP, Applicant, and
In re: A schedule of Assets attached to the Court Order.
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, Pretoria) on 08
January 2024 in case number 2023-130509 in re: A schedule of Assets attached to the Notice of Motion.
(a copy of the application and order can be obtained from the person mentioned in par 9 hereunder). This
notice is addressed to: Bethuel Ngobeni who resides at Erf 2947, house no 2947, Kopano Street, Khutsong South,
Khutsong- Nikiwe Qenene who resides at Erf 4677, house no 4677, Beverly Hills, Evaton West, Extension 4, Emfuleni
Local- Leon Magwaca who resides at Erf 6061, house no 6061, Khutsong, Ext 3, Khutsong, Merafong City- Michael
Motale- Bongani Khumalo- Moseki Sechele and Thabo Sechele.
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 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 address:THE STATE ATTORNEY:Mr
K Kgaphola , 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 No: 012 309 1649/50
Email: kkgaphola@justice.gov.za and or CLSibiya@npa.gov.za
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 23 Februarie 2024 No. 50182 27
Case No: 9837/2023
IN THE HIGH COURT OF SOUTH AFRICA
(Limpopo Division, Polokwane)
Polokwane, 2024-02-06, before the Honourable Judge Semenya
In the matter between: Hoedspruit Wildlife Estate NPC, Applicant, and W H Civil Engineering Proprietary
Limited, Respondent
After having read the documents filed of record, it is hereby ordered:
1 That the Respondent be and is hereby placed under final winding-up under the hands of the Master of
the High Court (Limpopo Division, Polokwane).
2 That the Respondent be and is hereby placed under provisional winding-up.
3 That a rule nisi is granted, returnable on 26 March 2024, calling upon the Respondent and all the
persons who have a legitimate interest to appear before the above Honourable Court and show cause, if any, to this
Honourable Court why this Honourable Court should not order the final winding up of the Respondent.
4 That a copy of this order/rule nisi, as the case may be, be forthwith served on the Respondent at Portion
No 17 LU, Liverpool Game Farm, Ndlovumunzi Estate Road, Hoedspruit, Limpopo, 1380 and by email to
hmatwalane@gmail.com and be published in the government gazette and in a local newspaper circulating in the area
of the Respondent's registered address and on the South African Revenue Service.
5 Costs of this application be costs in the liquidation.
BY THE COURT
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Case No: 9837/2023
IN THE HIGH COURT OF SOUTH AFRICA
(Limpopo Division, Polokwane)
Polokwane, 2024-02-06, before the Honourable Judge Semenya
In the matter between: Hoedspruit Wildlife Estate NPC, Applicant, and W H Civil Engineering Proprietary
Limited, Respondent
After having read the documents filed of record, it is hereby ordered:
1 That the Respondent be and is hereby placed under final winding-up under the hands of the Master of
the High Court (Limpopo Division, Polokwane).
2 That the Respondent be and is hereby placed under provisional winding-up.
3 That a rule nisi is granted, returnable on 26 March 2024, calling upon the Respondent and all the
persons who have a legitimate interest to appear before the above Honourable Court and show cause, if any, to this
Honourable Court why this Honourable Court should not order the final winding up of the Respondent.
4 That a copy of this order/rule nisi, as the case may be, be forthwith served on the Respondent at Portion
No 17 LU, Liverpool Game Farm, Ndlovumunzi Estate Road, Hoedspruit, Limpopo, 1380 and by email to
hmatwalane@gmail.com and be published in the government gazette and in a local newspaper circulating in the area
of the Respondent's registered address and on the South African Revenue Service.
5 Costs of this application be costs in the liquidation.
BY THE COURT
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Case No: 2024/008281
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-02-07, BEFORE THE HONOURABLE JUSTICE SIWENDU J, in chambers
In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, APPLICANT
In re: The sum of R3 million in cash held in the SAPS’ Head Office bank account; 5 pieces of unwrought gold
held at the Johannesburg Central Precious Metals Storage Facility; and a handheld XRF machine held at the
Bedfordview Police Station.
AN APPLICATION IN TERMS OF SECTION 38 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF
1998