Kuphe Pride Musa, Muthombene Andri Elias
Court order seizes property linked to crime · Published 2024-04-26 · What is a POCA?
- Party
- Kuphe Pride Musa, Muthombene Andri Elias
- ID / Reg no
- AHTZZ69G105021509
- Date
- 2024-02-22
Case
- Case number
- 2024/015452
- Court
- Gauteng
Parties addressed
- Kuphe Pride Musa, Muthombene Andri Elias
Asset description
A silver Toyota Fortuner with registration number BF41WMGP, VIN AHTZZ69G105021509 and engine number 1KD5253270; and a red VW Polo with registration number KH54MNGP, VIN WVWZZZ6RZCY536321 and engine number CAV370025, held at Aeroton VISS SAP13 under SAPS criminal case docket reference number: Sandringham CAS 208/10/2023 and SAP13 reference numbers: 13/4980/2023 and 13/4981/2023
Identifiers
- VINs
- AHTZZ69G105021509, WVWZZZ6RZCY536321
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 22 February 2024 in case number 2024/015452 in relation to:
A silver Toyota Fortuner with registration number BF41WMGP, VIN AHTZZ69G105021509 and engine number
1KD5253270; and a red VW Polo with registration number KH54MNGP, VIN WVWZZZ6RZCY536321 and engine
number CAV370025, held at Aeroton VISS SAP13 under SAPS criminal case docket reference number: Sandringham
CAS 208/10/2023 and SAP13 reference numbers: 13/4980/2023 and 13/4981/2023
This notice is addressed to Kuphe Pride Musa, Muthombene Andri Elias and all other persons who may have an
interest in certain property, being a silver Toyota Fortuner with registration number BF41WMGP, VIN
AHTZZ69G105021509 and engine number 1KD5253270; and a red VW Polo with registration number KH54MNGP,
VIN WVWZZZ6RZCY536321 and engine number CAV370025, held at Aeroton VISS SAP13 under SAPS criminal case
docket reference number: Sandringham CAS 208/10/2023 and SAP13 reference numbers: 13/4980/2023 and
13/4981/2023, respectively (the property).
Take notice that:
1 The National Director of Public Prosecutions (National Director) has obtained a preservation of property order (the
preservation order) in respect of the property, in terms of section 38(2) of the POCA, a copy of which is obtainable from
the State Attorney's office in Johannesburg.
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 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.
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 You may, on good cause shown (including the non-availability of any other suitable remedy to protect your legitimate
rights or interests), upon delivery of not less than 24 hours-notice to the applicant and all other persons identified in the
order as being persons who may have an interest in property, 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:
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 26 April 2024 No. 50568 55
The State Attorney
Mr M Mahloko
Attorneys for Applicant
10th Floor, North State Building
99 Albertina Sisulu Street
Johannesburg
Ref: Mr M Mahloko/P14/Motha Q
Tel: 081 787 6363
Email: MeMahloko@npa.gov.za
Any correspondence or other enquiries must also be directed to the above address or contact numbers.
----------oo0oo----------
Case No: 2023- 127406
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
PRETORIA, GAUTENG PROVINCE, 2023-02-08, HONOURABLE JUSTICE FORD AJ
In the matter between: RAPID INTERVENTION UNIT CC (PREVIOUSLY MAGHAN 43 CC T/A MAGHAN MINING
CONSULTANTS), (REGISTRATION NUMBER: 2005 / 106452 / 23), Applicant, and EERSTELING GOLD MINING
COMPANY LIMITED (REGISTRATION NUMBER: 1987 / 001814 / 06), Respondent
This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the Registrar of
the Court and is submitted electronically to the parties/their legal representatives by email. The Judge or his/her
secretary further uploads the order to the electronic file of this matter on Caselines. The date of this Order is deemed
5 March 2024.
COURT ORDER
After having read the papers and hearing filed on record, and hearing counsel on behalf of the Applicant, the following
is made an Order of Court: -
1. The Respondent company be and is hereby placed under provisional winding up.
2. A Rule Nisi be issued calling upon all persons who have a legitimate interest to show cause, if any, on 22 MAY 2024
at 10h00, as to why the Respondent ought not to be placed under final winding- up and why the cost of the Application
ought not to be costs in the winding-up;
3.That a copy of this order be forthwith served on the respondent company at its registered office and be published in
the Government Gazette and in the Pretoria News newspaper.
4. That the costs of this application be costs in the winding-up.
BY ORDER OF THE COURT
REGISTRAR
COUNSEL FOR THE APPLICANT: ADV. C OPPERMAN. TEL: 082 576 4438 EMAIL: christianopperman@outlook.com
INSTRUCTED BY: JANSEN VAN RENSBURG & PARTNERS
MR L JANSEN VAN RENSBURG
TEL: 012 271 0200
EMAIL: lou@jvrandpartners.co.za;
lize@jvrandpartners.co.za
This gazette is also available free online at www.gpwonline.co.za
56 No. 50568 GOVERNMENT GAZETTE, 26 April 2024