Ahmed Mubeen Patel (Identity Number: 830923 5267 08 2) and all other

Court order seizes property linked to crime · Published 2024-02-23 · What is a POCA?

Party
Ahmed Mubeen Patel (Identity Number: 830923 5267 08 2) and all other
Date
2024-02-07

Case

Case number
2024/008281
Court
Gauteng Division, Johannesburg

Parties addressed

  • Ahmed Mubeen Patel (Identity Number: 830923 5267 08 2) and all other

Asset description

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.

From the gazette

          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 07 February 2024 in case number 2024/008281 in relation to:

          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.

            1         This notice is addressed to Ahmed Mubeen Patel (Identity Number: 830923 5267 08 2) and all other
 persons who have an interest in the below listed property, namely:
            1.1       The sum of R3 million in cash that was deposited into the SAPS' Head Office bank account on 5
 September 2023;
            1.2       5 pieces of unwrought gold that were booked at the Johannesburg Central Precious Metals Storage
 Facility on 7 November 2023; and
            1.3       A handheld X-Ray Fluorescence machine currently held at the Bedfordview Police Station,
            (collectively referred to as the property).
            Take notice that:
            2         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.
            3         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.
            4         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.
            5         If you intend to oppose the application for a forfeiture, 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.
            6         Your attention is specifically drawn to the 14-day time limit prescribed in section 39(4) of the POCA
 for entry of an appearance referred to in paragraph 4 above.
            7         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.
            8         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.
            9         You may apply for reconsideration of the preservation order on no less than 24 hours-notice in terms
 of Rule 6(8) of the Uniform Rules of the High Court.
            10        Whenever the 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 M Mahloko
            10th Floor, North State Building
            95 Albertina Sisulu Street
            Cnr Kruis Street
            JOHANNESBURG
            Tel: (011) 220 4087
            Email: MeMahloko@npa.gov.za
            Ref: 2024/P14/Patel A
            Any correspondence or other enquiries must also be directed to this address or contact number.

                                This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 23 Februarie 2024                                       No. 50182   29

                                                                                                      Case No: 22973/2023
                                                                                                    DOCEX 96, CAPE TOWN
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                   (WESTERN CAPE DIVISION, CAPE TOWN)
                                     CAPE TOWN, 2024-01-31, KUSEVITSKY
    In the matter between: HED DISTRIBUTION (PTY) LTD / ABRACO TRADING (PTY) LTD: HED DISTRIBUTION
                      (PTY) LTD, Applicant, and ABRACO TRADING (PTY) LTD, Respondent
           HAVING READ THE PAPERS FILED OF RECORD AND HAVING HEARD COUNSEL FOR THE APPLICANT
–

       1. The Respondent is hereby placed under Provisional Liquidation in the hands of the Master of this
Honourable Court.

         2. A Rule Nisi is hereby issued, calling upon the Respondent, and any other interested party, to show cause
on 27 MARCH 2024 (“the Return Day”), as to why the Respondent should not be placed under Final Liquidation and
why the costs of this Application should not be costs in the winding-up.

          3. Service and publication of this Provisional Liquidation Order shall be effected, as follows -

          3.1. By the Sheriff of this Honourable Court –

          3.1.1. on the Respondent at its registered office;

          3.1.2. on the employees of the Respondent, if any, by affixing a copy of this Order, together with a copy of the
Application, to any Notice Board to which the employees have access, alternatively, by affixing copies thereof to the
front of the premises, where applicable, failing which, the front door of any premises from which the Respondent
conducts business;

          3.1.3. on any known Trade Union(s) that represent any of the Respondent’s employees;

          3.1.4. on the South African Revenue Services, by hand, or via email;

          3.2. By publication in the following Newspapers:

         3.3. By Service of a copy of this Order, by registered post, on all known Creditors of the Respondent with
claims in excess of R25,000.00 (twenty-five thousand Rand);

         3.4. At least 14 (fourteen) days before the hearing of the Return Day, a copy of this Order shall be published
in the Government Gazette;

         4. The Registrar shall transmit a copy of the winding-up Order to the Sheriff of the Province in which the
registered office of the Respondent is situate and to the Sheriff of every Province in which it appears that the
Respondent owns business.

                                This gazette is also available free online at www.gpwonline.co.za
30  No. 50182                      GOVERNMENT GAZETTE, 23 February 2024

Source