Tanyanyiwa S, 1551 Kerk Street, Putfontein, Benoni, Gauteng Province and all other

Court order seizes property linked to crime · Published 2024-04-05 · What is a POCA?

Party
Tanyanyiwa S, 1551 Kerk Street, Putfontein, Benoni, Gauteng Province and all other
ID / Reg no
2016/181780/07

Case

Case number
8432/2023
Court
Limpopo Local

Parties addressed

  • Tanyanyiwa S, 1551 Kerk Street, Putfontein, Benoni, Gauteng Province and all other

Asset description

a White International truck tracktor with registration number DSS183 GP, chassis number AAPV0401100564445 (as described on the eNatis as vin no. IHSRUAER1WH520637) and engine number 11849227 (as described on the eNatis as engine no.J08CF10783) seized by members of the South African Police Service in the Musina policing area on 10 September 2022, under case docket Musina Cas 114/09/2022 and held at the South African Revenue Service Warehouse in Musina (a copy of the application and order can be o

Identifiers

Company regs
2016/181780/07, 1929/001225/06

From the gazette

          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 of 1998 in the High Court of South Africa (Limpopo Local
 Division, Polokwane) on the 19 September 2023 in case number 8432/2023 in relation to: a White International truck
 tracktor with registration number DSS183 GP, chassis number AAPV0401100564445 (as described on the eNatis as
 vin no. IHSRUAER1WH520637) and engine number 11849227 (as described on the eNatis as engine no.J08CF10783)
 seized by members of the South African Police Service in the Musina policing area on 10 September 2022, under case
 docket Musina Cas 114/09/2022 and held at the South African Revenue Service Warehouse in Musina (a copy of the
 application and order can be obtained from the person mentioned in par 14 hereunder).
 1. This notice is addressed to Tanyanyiwa S, 1551 Kerk Street, Putfontein, Benoni, Gauteng Province and all other
 persons who may have an interest in the property described above.

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 5 April 2024                                           No. 50443   47

Take notice that:
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 37/23/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.
                                                    ----------oo0oo----------
                                                                                        Case No: D56/2024
                                  IN THE HIGH COURT OF SOUTH AFRICA
                                    (KwaZulu-Natal Local Division, Durban)
                      Durban, 2024-03-01, before the Honourable Acting Justice Harrison
In the matter between: FirstRand Bank Limited (Registration Number: 1929/001225/06), Applicant and Mighty
               Ross Trading (Pty) Limited (Registration Number: 2016/181780/07), Respondent

UPON the Motion of Counsel for the Applicant and upon reading the NOTICE OF MOTION and the other documents
filed of record
IT IS ORDERED
1. The Respondent is provisionally wound-up.
2. A rule nisi be issued calling upon all interested parties to show cause, if any, to the above Court on 30 April 2024 at
09h30 as to why the Respondent should not be finally wound up.

                                This gazette is also available free online at www.gpwonline.co.za
48  No. 50443                            GOVERNMENT GAZETTE, 5 April 2024

Source