Thulisa Nyamende

Court order seizes property linked to crime · Published 2024-08-30 · What is a POCA?

Party
Thulisa Nyamende
ID / Reg no
2021/614198/07
Date
2024-07-31

Case

Court
Eastern Cape Division Makhanda

Parties addressed

  • Thulisa Nyamende

Asset description

re: A 2022 Toyota Fortuner with registration number JZW 169 EC and Chassis/VIN AHTKA3FS600629815 which is an instrumentality of an illegal activity, was seized on 4 September 2023 and is held under Queenstown CAS 02/09/23 (a copy of which can be obtained from the person motioned in par 9 hereunder .

Identifiers

VINs
AHTKA3FS600629815
Company regs
2021/614198/07, 2019/213792/07

From the gazette

                                          annexure a
  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 1998 (POCA)

 The National Director of Public Prosecutions obtained a preservation of property order in the High Court of South Africa
 (Eastern Cape Division Makhanda) on 31 July 2024 in case number 3028A /2024 in relation to: re: A 2022 Toyota
 Fortuner with registration number JZW 169 EC and Chassis/VIN AHTKA3FS600629815 which is an instrumentality of
 an illegal activity, was seized on 4 September 2023 and is held under Queenstown CAS 02/09/23 (a copy of which
 can be obtained from the person motioned in par 9 hereunder
 .
 This notice is addressed to Thulisa Nyamende and all other persons who may have an interest in the property
 described above.
 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 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.
 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 POCA. An
 appearance must comply with these requirements.
 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 POCA.
 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:
 STATE ATTORNEY EAST LONDON// BHISHO, 17 Fleet Street East London. Asanda Sakasa. ASakasa@ npa.gov.za.

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 30 Augustus 2024                                     No. 51129   41

                                                                                                   Case No: 2006/2024
                                                                                              Annexure: COURT ORDER
                                IN THE HIGH COURT OF SOUTH AFRICA
                           [MPUMALANGA DIVISION MIDDELBURG (LOCAL SEAT)]
                MIDDELBURG, 2024-07-22, BEFORE THE HONOURABLE JUDGE MANKGE DJP
    In the matter between: VELDTRANS (PTY) LTD, Applicant and IHLATI MINING (PTY) LTD, Respondent

                                           On this the 22nd day of July 2024.
                                         Before the Honourable Judge Mankge.

 In the matter between: VELDTRANS (PTY) LTD, REGISTRATION NUMBER 2019/213792/07, APPLICANT and
             IHLATI MINING (PTY) LTD, REGISTRATION NUMBER 2021/614198/07, RESPONDENT

HAVING heard council on behalf of the Applicants and having read the Notice of Motion and other documents filed of
record:

1. That the Respondent be placed under provisional liquidation in the hands of the Master of the High Court of South
Africa Mpumalanga Local Division, Middelburg (Local Seat);

2. That a rule nisi be issued in terms whereof all interested parties are called upon to show cause (if any) on 23
September 2024, why Respondent should not be finally liquidated and why the costs of this application and the main
application should not form part of the costs of administration of the Respondent's estate;

3. That this order be served 10 days prior to the Return date on the Respondent at its registered physical address and
principal place of business and in a daily newspaper as well as Government Gazette circulated in Middelburg;

4. That this order be served on the Witbank offices of the South African Revenue Services;

5. That this order be served on the employees of Respondent by attaching a copy on any notice boards at the registered
address and principal place of business of Respondent to which employees have access; and

6. Cost to be cost in the Liquidation

__________________________________

                                This gazette is also available free online at www.gpwonline.co.za
42  No. 51129                         GOVERNMENT GAZETTE, 30 August 2024

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