Muyambo T

Court order seizes property linked to crime · Published 2024-09-06 · What is a POCA?

Party
Muyambo T
Date
2024-05-07

Case

Case number
8414/2024
Court
Limpopo Local Division, Polokwane

Parties addressed

  • Muyambo T

From the gazette

                                                                                                     Case No: 2024-028221
                                          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 KIGHT SOUL PROPRIETARY LIMITED, RESPONDENT
 (REGISTRATION NUMBER: 2016/121302/07)
            AFTER READING the documents filed, and hearing Counsel for the Applicant:
                                                         IT IS ORDERED THAT:
            1. That the Respondent is placed under provisional winding up in the hands of The Master of the High Court,
 Johannesburg;
            2. That a rule nisi is issued calling upon all persons interested to show cause, if any, on 5 AUGUST 2024 at
 9h30, 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 31 Elstree Street, Glenvista,
 Johannesburg, Gauteng;
            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: 2024-08-27.
                                                   ----------oo0oo----------
                                                                                                  Case No: 8414//2024
                                        IN THE HIGH COURT OF SOUTH AFRICA
                                       (LIMPOPO LOCAL DIVISION, POLOKWANE)
                 POLOKWANE, 2024-08-01, Before the Honourable: JUDGE BRESLER AJ, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
           In re: a) a white Toyota Hilux motor vehicle with registration number LL 31 TM GP, seized by members of the
 South African Police Services in the Hoedspruit policing area on 07 May 2024 under case docket Hoedspruit CAS
 24/05/2024 and held at Hoedspruit Police Station with reference SAP13/170/2024. b) a white Toyota Hilux motor vehicle
 with registration number HL 26 SV GP, seized by members of the South African Police Services in the Hoedspruit
 policing area on 07 May 2024 under case docket Hoedspruit CAS 25/05/2024 and held at Hoedspruit Police Station
 with reference SAP13/171/2024.
     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 0of 1998 in the High Court of South Africa
 (Limpopo Local Division, Polokwane) on the 01 AUGUST 2024 in case number 8414/2024 in re: a) a white Toyota
 Hilux motor vehicle with registration number LL 31 TM GP, seized by members of the South African Police Services in
 the Hoedspruit policing area on 07 May 2024 under case docket Hoedspruit CAS 24/05/2024 and held at Hoedspruit
 Police Station with reference SAP13/170/2024.

                                This gazette is also available free online at www.gpwonline.co.za
                                         STAATSKOERANT, 6 September 2024                                          No. 51197   51

           b) a white Toyota Hilux motor vehicle with registration number HL 26 SV GP, seized by members of the South
African Police Services in the Hoedspruit policing area on 07 May 2024 under case docket Hoedspruit CAS 25/05/2024
and held at Hoedspruit Police Station with reference SAP13/171/2024..(a copy of the application and order can be
obtained from the person mentioned in par 10 hereunder).
           1. This notice is addressed to Muyambo T.L at house number 11, Ruther Ford Street, Extension 04, Musina,
Limpopo Province and Pfachi D.L.S at number 15 Malibu Court, Knights Street, Windsor Werst, Johannesburg,
Gauteng Province.
           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
34/24/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.
           National Prosecuting Authority (Order no: .........), 123 WESTLAKE AVENUE, WEAVIND PARK, SILVERTON.
E-mail: NaStemele@npa.gov.za. Tel: (015) 045-0319.
           Date Submitted: 2024-08-28.

                                                   ----------oo0oo----------
                                                                                         Case No: 8251/2024
                                     IN THE HIGH COURT OF SOUTH AFRICA
                                   (LIMPOPO LOCAL DIVISION, POLOKWANE)
           POLOKWANE, 2024-07-30, Before the Honourable: JUDGE NAUDÉ - ODENDAAL, in Chambers
       In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
          In re: a silver Mitsubishi Colt motor vehicle with registration number FWJ 669 L, Chassis number
ABJK76JFR1E065086 and Engine number 2JZ0584115, seized by members of the South African Police Services in
the Makhado policing area on 11 November 2023 under case docket Makhado CAS 140/11/2023 and held at Makhado
Police Station with reference SAP13/1327/2023.

Source