Notice

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

ID / Reg no
2001/001786/21
Date
2020-06-29

Case

Case number
6556/2024
Court
Limpopo Division, Polokwane

Identifiers

Company regs
2001/001786/21, 2010/018799/23

From the gazette

            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 25/24/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: 6556/2024
                                          IN THE HIGH COURT OF SOUTH AFRICA
                                         (LIMPOPO LOCAL DIVISION, POLOKWANE)
        POLOKWANE, 2024-06-26, Before the Honourable: JUDGE PRESIDENT M.G PHATHUDI, in Chambers
        In the ex parte application of: THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, Applicant
           In re: a white Nissan Hardbody 2400 SL LWB SCAB4X2 with registration number CGP 403 L Chassis number
 ADNG220000B003449 and Engine number CKX927FS seized by members of the South African Police Services near
 Musina on 29 June 2020 under case docket Musina CAS 79/07/2020 and held at Musina Police Station with reference
 SAP 13 744/2020.
           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 Division, Polokwane) on the 26 of JUNE/ 2024 in case number 6556/2024 in relation to: in re: A white
 Nissan Hardbody 2400 SL LWB SCAB4X2 with registration number CGP 403 L Chassis number
 ADNG220000B003449 and Engine number CKX927FS seized by members of the South African Police Services near
 Musina on 29 June 2020 under case docket Musina CAS 79/07/2020 and held at Musina Police Station with reference
 SAP 13 744/2020 (a copy of the application and order can be obtained from the person mentioned in par 10 hereunder).
           This notice is adrressed to Negoto TK PO BOX 699 Pretoria 0001, Gauteng Province and /or to Bilore Latiso

 Degele House number 25 Frost Avenue Musina and all other persons who may have an interest in the property
 described above
           TAKE NOTE 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;

                                 This gazette is also available free online at www.gpwonline.co.za
                                        STAATSKOERANT, 6 September 2024                                        No. 51197   57

           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 24/24/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: 2634/2024
                                                                                                     P/H or Docex Nr: 53
                                       IN THE HIGH COURT OF SOUTH AFRICA
                               (MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT)
                                         MIDDELBURG, 2024-07-26, MANKGE J
In the matter between: ROCKTUFF PUMP & MINING SUPPLIES (PTY) LTD, APPLICANT, REGISTRATION
NUMBER: 2001/001786/21 and IHLATI MINING (PTY) LTD, RESPONDENT, REGISTRATION NUMBER:
2010/018799/23
          Having read the papers filed and having heard Counsel for the Applicant:
                                                IT IS HEREBY ORDERED THAT:
          1.       That the Respondent be placed under provisional liquidation;
          (a)      The Estate of the Respondent is provisionally wound up and placed in the hands of the Master of the
High Court Of South Africa Mpumalanga Division Middelburg (Local Seat);
          2.       All interested parties are hereby notified that reasons may be given on the return date being 23rd
day of September 2024, at 10:00 a.m. why this order should not be made a final order and why costs should not be in
the liquidation;
          3.       The aforesaid date may be anticipated by the Respondent upon 12 hours' notice to the Applicant;
          4.       That a copy of this Rule Nisi be served on the following entities, namely:
          (b)      On the Respondent at the registered address, by the Sheriff;
          (c)      On all Employees of the Respondent at the registered address, by the Sheriff;

          (d)      On the Receiver of Revenue, by the Sheriff or by a messenger with a service affidavit;
          (e)      On the Master of the High Court Of South Africa, Mpumalanga Division Middelburg (Local Seat), by
a messenger with a service affidavit.
          5.       This order be published in one local newspaper and the Government Gazette a reasonable time
before the return date;

                               This gazette is also available free online at www.gpwonline.co.za
58  No. 51197                     GOVERNMENT GAZETTE, 6 September 2024

Source