Walter Tiyiselani Mpapele

Court order seizes property linked to crime · Published 2024-05-10 · What is a POCA?

Party
Walter Tiyiselani Mpapele
Date
2023-01-20

Case

Case number
813/2024
Court
Limpopo

Parties addressed

  • Walter Tiyiselani Mpapele

Asset description

a 2012 white Toyota Hilux 2.5 GD-6 4X4 single cab with registration number FND 216 L seized by the members of the South African Police on 20 January 2023 under case docket Modjadjiskloof CAS 66/01/2023 and held at Modjadjiskloof pound with reference Modjadjiskloof SAP13/17/2023. (a copy of the application and order can be obtained from the person mentioned in par 14 hereunder). 1.

From the gazette

                                                                                                  Case No: 2024-013170
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                                 (Gauteng Division, Pretoria)
                                      Pretoria, 2024-04-22, Honourable Judge Nyathi
  In the matter between: Matian Barnard Fouche t/a FBM Projects, Applicant, and Jacobus Gerhardus Symens
                                           (ID: 741012 5046 08 0), Respondent
          HAVING read the documents filed of record, heard counsel and considered the matter:
          IT IS ORDERED THAT:
          1. That the respondent's estate be provisionally sequestrated and placed in the hands of the Master of the
 High Court;
          2. That the respondent or any interested party is called upon to advance reasons, if any, why the Court should
 not order the final sequestration of the respondent's estate on 14 JUNE 2024 at 10h00 or as soon thereafter as the
 matter may be heard;
          3. That the provisional order be served upon the respondent personally;
          4. That the provisional order be published in the Government Gazette and the Citizen Newspaper;
          5. That the costs of this application be costs in the sequestration of the respondent's estate.
          BY ORDER OF COURT
                                                    ----------oo0oo----------
                                                                                        Case No: 813/2024
                                      IN THE HIGH COURT OF SOUTH AFRICA
                                    (LIMPOPO LOCAL DIVISION, POLOKWANE)
        POLOKWANE, 2024-01-31, Before the Honourable: JUDGE PRESIDENT M.G. PHATUDI, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
 In re: a 2012 white Toyota Hilux 2.5 GD-6 4X4 single cab with registration number FND 216 L seized by the
 members of the South African Police on 20 January 2023 under case docket Modjadjiskloof CAS 66/01/2023
 and held at Modjadjiskloof pound with reference Modjadjiskloof SAP13/17/2023.
     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 31 January 2024 in case number 813/2024 in relation to: a 2012 white Toyota Hilux
 2.5 GD-6 4X4 single cab with registration number FND 216 L seized by the members of the South African Police on 20
 January 2023 under case docket Modjadjiskloof CAS 66/01/2023 and held at Modjadjiskloof pound with reference
 Modjadjiskloof SAP13/17/2023. (a copy of the application and order can be obtained from the person mentioned in par
 14 hereunder).
           1. This notice is addressed to Walter Tiyiselani Mpapele, residing at stand number 4473, Makhado Park,
 Limpopo Province and all other persons who may have an interest in the property described above.
           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;

                                 This gazette is also available free online at www.gpwonline.co.za
                                             STAATSKOERANT, 10 Mei 2024                                        No. 50626   27

           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 02/24/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: 2023-081465
                                                                                                          10, Houghton
                                    IN THE HIGH COURT OF SOUTH AFRICA
                                        (GAUTENG DIVISION, PRETORIA)
                            PRETORIA, 2024-03-22, JUSTICE MOLOPA-SETHOSA
 In the matter between: THEODOR WILHELM VAN DEN HEEVER N.O; ADRIAAN WILLEM VAN ROOYEN N.O;
  and LINDIWE FLORENCE KAABA N.O, Applicants, and BALEMI HLABULA ROADS (PTY) LTD, Respondent
                                In re: COURT ORDER DATED 22 MARCH 2024
         Having heard Counsel for the Applicants, and having read papers filed of record the following order is made:

         1. The Respondent Company is hereby placed under provisional winding up in the hands of the Master;

         2. The Respondent and any party with a legitimate interest are called upon to appear on 30 May 2024 at
10h00, or so soon thereafter as Counsel for the Applicants may be heard, to advance reasons why a final winding up
order should not be granted;

         3. The order must be served on the Respondent at its registered address.

         4. The order must be served on the Master of the High Court.

         5. The order must be served on the office of SARS.

       6. The order must be served on every trade union representing employees of the respondent and on the
employees.

         7. The order must be published in the Government Gazette and Star Newspaper;

         8. The order must be served on all known creditors of the Respondent by registered post, facsimile, or
electronic mail.

                               This gazette is also available free online at www.gpwonline.co.za
28  No. 50626                            GOVERNMENT GAZETTE, 10 May 2024

Source