Notice
Court order seizes property linked to crime · Published 2024-11-01 · What is a POCA?
- Date
- 2024-10-14
Case
- Case number
- 21995/2024
- Court
- Western
Asset description
all Funds as held in the banking accounts at the various banking institutions as per Annexure B to the draft order (a copy of the application and order can be obtained from the person mentioned in par 9 hereunder).
From the gazette
ANNEXURE A
NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT, 1998 (POCA)
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, 1998 in the High Court of South Africa (Western
Cape Division, Cape Town) on 14 October 2024 under case number 21995/2024 in relation to all Funds as held
in the banking accounts at the various banking institutions as per Annexure B to the draft order (a copy of the
application and order can be obtained from the person mentioned in par 9 hereunder).
This notice is addressed to all persons who may have an interest in the property described above.
Take notice that:
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.
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.
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 and must be delivered to the office of the
State Attorney at the address mentioned in paragraph 9, below.
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.
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.
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.
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.
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.
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: C Bailey, 4 th Floor, 22 Long Street, Cape Town.
Contact details are as follows: Private Bag X9001, Cape Town, 8000.
Tel: (021) 441 9200 - Email: cbailey @justice.gov.za
National Prosecuting Authority, 115 Buitengracht Street Cape Town, Tel: 0214877159, Email:
TMarco@npa.gov.za.
Date submitted: 2024-10-14
Case No: 18140/2024
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION, CAPE TOWN, Western Cape / Wes-Kaap)
CAPE TOWN, 2024-10-10, HONOURABLE MR JUSTICE LEKHULENI
In the matter between: IMPELA FLEET (PTY) LTD (APPLICANT), Applicant and AAA CAR RENTAL (PTY)
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 01 NOVEMBER 2024 No. 51487 59
LTD (RESPONDENT), Respondent
PROVISIONAL LIQUIDATION
IT IS ORDERED THAT:
1. The respondent is placed under provisional winding-up.
2. A rule nisi is issued calling upon all persons interested to show cause, if any, to this Honourable Court on
21 November 2024 at
10h00:
2.1 why the respondent should not be placed under final liquidation; and
2.2 why the costs of this application should not be costs in the liquidation.
3. Service of the order shall be effected:
3.1 by service on the respondent at its registered address;
3.2 by service on any registered trade union that, as far as the Sheriff can reasonably ascertain,
represented any of the employees
of the respondent;
3.3 by service on the respondent's employees, if any, by affixing a copy of the order and application to
any notice board to which
the employees have access inside the respondent's premises, or if there is no access to the
premises by the employees, by
affixing a copy to the front door of the premises from which the respondent conducted any businesses
the time of the
presentation of the application papers;
3.4 by service on the South African Revenue Services;
3.5 by service on the Master of the High Court; and
3.6 by one publication in each of the Cape Times and Die Burger newspapers.
4. The Registrar shall transmit a copy of this winding-up order to the Sheriff of the province 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
businesses.
5. The Sheriff shall attach all property which appears to belong to the respondent and transmit to the Master
an inventory of all
property attached by him or her in terms of Section 19 of the Insolvency Act 24 of 1936.
Senekal Simmonds Incorporated, 19 Riley Road, Bedfordview, Gauteng, Tel: 011450-3084, Email:
devon@sesi.co.za.
Date submitted: 2024-10-23
GAUTENG
Case/Application No: -
-
(-)
- - , Applicant
This gazette is also available free online at www.gpwonline.co.za
60 No. 51487 GOVERNMENT GAZETTE, 01 NOVEMBER 2024