Joseph Durem Wealuju and all other persons who have an interest in certain

Court order seizes property linked to crime · Published 2024-11-15 · What is a POCA?

Party
Joseph Durem Wealuju and all other persons who have an interest in certain
ID / Reg no
1995/007175/07
Date
2024-03-04

Case

Case number
2024/020805
Court
GAUTENG DIVISION, PRETORIA, Gauteng

Parties addressed

  • Joseph Durem Wealuju and all other persons who have an interest in certain

Asset description

The amount of R8 000 in cash seized by members of the South African Police Service on 03 March 2023 under case number Hillbrow CAS 82/03/2023, under reference number SAP 13/353/2023

Identifiers

Cash amount
R8 000
Company regs
1995/007175/07

From the gazette

  NOTICE IN TERMS OF SECTION 39 OF THE PREVENTION OF ORGANISED CRIME ACT 121 OF 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 Organized Crime Act, No. 121 of 1998 in the High Court of South
Africa(Gauteng Division, Johannesburg) on 4 March 2024 in case number 2024/020805 in relation to:
  The amount of R8 000 in cash seized by members of the South African Police Service on 03 March 2023
under case number Hillbrow CAS 82/03/2023, under reference number SAP 13/353/2023
   This notice is addressed to Joseph Durem Wealuju and all other persons who have an interest in certain
property identified as the amount of R8 000 in cash seized by members of the South African Police Service on
03 March 2023 under case number Hillbrow CAS 82/03/2023, under reference number SAP 13/353/2023 ( the
property):
  Take notice that:
   1      The National Director of Public Prosecutions ( National Director) has obtained a preservation of property
order ( the order), a copy of which is attached to this notice, in terms of section 38(2) of the POCA in respect of
the property;
  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 in sections 39(3),
(4) and (5) of the POCA. An appearance must comply with these requirements;
  5     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 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      In terms of Rule 6 (8) of the Uniform Rules of Court, you may upon delivery of not less than 24 hours'
notice, set down the matter for reconsideration;
   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
  Attorneys for Applicant
  10 th Floor, North State Building
  99 Albertina Sisulu Street, Cnr Kruis Street
  Johannesburg
  Private Bag X 9
  Johannesburg
  2000

                            This gazette is also available free online at www.gpwonline.co.za
                                 STAATSKOERANT, 15 NOVEMBER 2024                              No. 51536    27

  Tel: (011) 220 4087
  Email: MeMahloko@npa.gov.za
  Ref: 2023/P14/MMahloko Wealuju J
  Any correspondence or other enquiries must also be directed to this address or contact number.
  National Prosecuting Authority ( Order no: 030378), Innes Chambers, Cnr Kruis & Pritchard Streets,
Johannesburg, Tel: 0112204087, Email: MeMahloko@npa.gov.za.
  Date submitted: 2024-11-07

                                                                                             Case No: 8612/2022
                                                                                   Annexure: ORDER OF COURT
                                IN THE HIGH COURT OF SOUTH AFRICA
                               (GAUTENG DIVISION, PRETORIA, Gauteng)
                             PRETORIA, 2024-10-14, JUSTICE MOSHOANE J.
 In the application between NEIL DAVID BUTTON N.O. 1ST APPLICANT JOHN DOUGLAS N.O. MICHAU
2ND APPLICANT, Applicant and RUBICON GROUP (PTY) LIMITED Reg No: 1995/007175/07 (IN BUSINESS
                                         RESCUE), Respondent

  IN THE HIGH COURT OF SOUTH AFRICA
  (GAUTENG DIVISION, PRETORIA
  HELD AT PRETORIA ON THIS THE 14 TH DAY OF OCTOBER 2022
  BEFORE THE HONOURABLE JUSTICE MOSHOANE J.
                                                  Case Number 8612/2022
  In the application between:
  NEIL DAVID BUTTON N.O.                                                1 ST APPLICANT
  JOHN DOUGLAS N.O. MICHAU                                                                2 ND APPLICANT

  and
  RUBICON GROUP (PTY ) LTD.

  (REG NO: 1995/007175/07)
  (IN BUSINESS RESCUE)
  This Order is made an Order of Court by the Judge whose name is reflected herein, duly stamped by the
Registrar of the Court and is submitted electronically to the Parties/their legal representatives by email. This
Order is further uploaded to the electronic file of this matter on Case Lines by the Judge or his/her Secretary.
The date of this Order is deemed to be the 14 OCTOBER 2024
  ORDER OF COURT
   HAVING HEARD COUNSEL for the Applicant and considering the papers, the Court makes an order in the
following terms :
   1.       In terms of the provisions of section 141(2)(a)(ii) of the Companies Act No. 71 of 2008, the business
rescue proceedings in respect of Rubicon Group (Pty) Ltd. (Reg no. 1995/007175/07 (in business rescue) be and
are hereby terminated.
   2.      In terms of the provisions of section 141(2)(a)(ii) of the Companies Act No. 71 of 2008, the business
rescue proceedings in respect of Rubicon Group
   (Pty) Ltd. (Reg no. 1995/007175/07 (in business rescue) be and is hereby placed under final liquidation and in
the hands of the Master of the Gauteng High Court Pretoria.
  3.        That this order be served on-
  3.1        the respondent company at its registered address situated at room
        725, Louis Pasteur Building, 374 Francis Baard Street, Pretoria,
        Gauteng.

                          This gazette is also available free online at www.gpwonline.co.za
   28        No. 51536                              GOVERNMENT GAZETTE, 15 NOVEMBER 2024

Source