Xolela Tyobeka
Court order seizes property linked to crime · Published 2024-09-06 · What is a POCA?
- Party
- Xolela Tyobeka
- ID / Reg no
- 2006/021576/07
- Date
- 2024-05-28
Case
- Court
- GAUTENG DIVISION, PRETORIA
Parties addressed
- Xolela Tyobeka
Asset description
re: Volkswagen Golf 5 with registration number JFC 706 EC which is an instrumentality in an offence and was seized by the South African Police Service in Mlungisi and is held under Mlungisi CAS 94/12/2024 (a copy of which can be obtained from the person motioned in par 9 hereunder)
Identifiers
- Company regs
- 2006/021576/07, 1945/018444/07, 2004/113854/23, 2007/031153/07, 2013/175773/07, 2004/012050/07
From the gazette
Case No: 2168/2024
P/H or Docex Nr: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, MAKHANDA)
MAKHANDA, 2024-05-28, Before Justice LAING
In the ex parte application of: The National Director of Public Prosecutions
In re: I: In relation; In re: Volkswagen Golf 5 with registration number JFC 706 EC which is an instrumentality
in an offence and was seized by the South African Police Service in Mlungisi and is held under Mlungisi CAS
94/12/2024 (a copy of which can be obtained from the person motioned in par 9 hereunder).
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 28 May 2024 in case number 2168 /2024 in relation to: re:
Volkswagen Golf 5 with registration number JFC 706 EC which is an instrumentality in an offence and was seized by
the South African Police Service in Mlungisi and is held under Mlungisi CAS 94/12/2024 (a copy of which can be
obtained from the person motioned in par 9 hereunder)
This notice is addressed to Xolela Tyobeka 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
Asanda Sakasa, 123 WESTLAKE AVENUE, WEAVIND PARK, PRETORIA,0127. E-mail:
ASakasa@npa.gov.za. Tel: (043) 706-5100.
Date Submitted: 2024-08-01.
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This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 6 September 2024 No. 51197 49
Case No: 2024-065455
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA, 2024-08-19, BEFORE THE HONOURABLE JUSTICE NHARMURAVATE AJ
In the matter between: FLANAGAN & GERARD INVESTMENTS (PTY) LTD (REG: 2007/031153/07), EAST &
WEST INVESTMENTS (PTY) LTD (REG: 1945/018444/07), MOBE INVESTMENTS (PTY) LTD (REG:
2004/012050/07) and K2013/175773/07 T/A PANAROTTIS MIDDELBURG (REG: 2013/175773/07)
HAVING HEARD counsel for the Applicant and having read the notice of motion and other documents filed -
1. The Respondent is hereby placed under provisional winding up and placed in the Hands of the Master of
the above Honourable Court.
2. A Rule Nisi is hereby issued calling upon the Respondent and or any interested to show cause as to why
the Respondent should not be placed under final winding up on 11 October 2024.
3. That the costs of this application be cost in the liquidated estate.
BY ORDER OF COURT. - REGISTRAR.
VAN DER MERWE & ASSOCIATES INCORPORATED, 62 RIGEL AVENUE, WATERKLOOF RIDGE,
PRETORIA. E-mail: legal8@vdmass.co.za. Tel: 0876540209.
Date Submitted: 2024-08-26.
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Case No: 2024-027915
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)
JOHANNESBURG, 2024-05-27, HONOURABLE MR JUSTICE WRIGHT J
In the matter between: SB GUARANTEE COMPANY (RF) PROPRIETARY LIMITED, APPLICANT,
(REGISTRATION NUMBER: 2006/021576/07) and EPIC HOMES CC, RESPONDENT (REGISTRATION NUMBER:
2004/113854/23)
HAVING heard Counsel for the APPLICANT, read the papers, and considered the matter, the following order
is made:-
1. The Respondent is placed under provisional winding up in the hands of the Master of the High Court,
Johannesburg;
2. A rule nisi is issued calling upon all persons interested to show cause, if any, on 5 AUGUST 2024 at 09:30,
or as soon thereafter as the application may be heard, why a final order should not be granted in the following terms:
2.1 That the Respondent be placed under final liquidation;
2.2 the Applicant’s costs of the application, including all reserved costs, shall be costs in the winding up.
3. That service of this order be effected:
3.1 By the Sheriff on the Respondent at its registered address situated at Cnr 51B President & Saver Streets,
Johannesburg;
3.2 By Sheriff on the employees of the Respondent;
3.3 On the South African Revenue Service;
3.4 By publication in the Government Gazette and (one) edition of the Die Beeld newspaper.
4. The Registrar of this Honourable Court shall transmit a copy of this provisional order to the Sheriff of the
district in which the registered office of the Respondent is situated and to the Sheriff of every province in which it
appears that the Respondent owns business.
5. The Sheriff of this Honourable Court shall attach all property which appears to belong to the Respondent
and transmit to the Master of the High Court, Johannesburg, an inventory of all property attached by him or her in terms
of section 19 of the Insolvency Act 24 of 1936.
TIM DU TOIT & CO INC, SEVENTH FLOOR, 56 SHORTMARKET STREET, CAPE TOWN. E-mail:
ilze@timdutoit.co.za. Tel: (021) 529-7710.
Date Submitted: 2024-08-26.
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This gazette is also available free online at www.gpwonline.co.za
50 No. 51197 GOVERNMENT GAZETTE, 6 September 2024