Abongile Balfour, Akhona Xhotyeni
Court order seizes property linked to crime · Published 2024-12-06 · What is a POCA?
- Party
- Abongile Balfour, Akhona Xhotyeni
- Date
- 2024-08-13
Case
- Court
- KWAZULU NATAL DIVISION, PIETERMARITZBURG, KwaZulu-Natal
Parties addressed
- Abongile Balfour, Akhona Xhotyeni
Asset description
a Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an offence and R9 096 in cash which is proceeds of an unlawful activity that was seized by the South African Police Service in King Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023 (a copy of which can be obtained from the person motioned in par 9 hereunder.)
From the gazette
Case No: 3366/2024
Annexure: N/A
P/H or Docex Nr: 041-585 7921
IN THE HIGH COURT OF SOUTH AFRICA
(Eastern Cape Division, Makhanda, Eastern Cape / Oos-Kaap)
Makhanda, 2024-08-13, Before Hounarable Acting Justice Brody
In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In re: a Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an
offence and R9 096 in cash which is proceeds of an unlawful activity that was seized by the South African
Police Service in King Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023
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 13 August 2024 in case number 3366/ 2024 in relation to:
a Volkwagen Polo TSI with registration number JVR 514 EC which is an instrumentality in an offence and R9
096 in cash which is proceeds of an unlawful activity that was seized by the South African Police Service in
King Williamstown on 01/12/2023 and is held under King Williamstown CAS 1416/12/2023 (a copy of which can
be obtained from the person motioned in par 9 hereunder.)
This notice is addressed to Abongile Balfour, Akhona Xhotyeni 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.
This gazette is also available free online at www.gpwonline.co.za
STAATSKOERANT, 06 DESEMBER 2024 No. 51699 39
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, Tel: 0437065100, Email:
ASakasa@npa.gov.za.
Date submitted: 2024-11-27
KWAZULU-NATAL
Case No: 14647/2024
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU NATAL DIVISION, PIETERMARITZBURG, KwaZulu-Natal)
PIETERMARITZBURG, 2024-11-13, THE HONOURABLE JUDGE PC BEZUIDENHOUT
In the matter between: BOUWER TRANSPORT (PTY) LTD, Applicant and K V S LOGISTICS TRANSPORT
CC, Respondent
HAVING read the Notice of Motion, and the other documents filed of record; and HAVING heard Counsel for the
Applicant;
IT IS ORDERED
1. That the Respondent be placed under provisional winding up in the hands of the Master of the High Court.
2. A rule nisi issued calling upon the Respondent and any other interested parties to show cause, if any, to the
above Honourable Court on the 24 th day of February 2025 at 09H30 or as soon thereafter as the matter may be
heard, why, the Respondent should not be finally wound up.
3. The service of this court order shall be effected as follows:-
3.1 by one publication on or before the 14 th day of February 2025 in both the Government Gazette and in a local
newspaper, the Witness, circulating in the area of the Respondent's registered address.
3.2 By service on the South African Revenue Service;
3.3 By service on the Respondent at its registered address;
3.4 By service on the Respondent's employees, if any, at their registered address; and
3.5 By service on the registered trade unions representing the Respondent's employees, if any, at its registered
address.
4. The costs of this liquidation shall be costs in the winding up of the Respondent.
BY ORDER OF THE COURT
Payne Steynberg Inc 072 603 6459 c/o Shepstone and Wylie Attorneys Payne Steynberg Inc, 125 Dallas
Avenue, 7th Floor, Menlyn Central Towers, Tel: 0120080440, Email: peter@psilaw.co.za.
Date submitted: 2024-11-25
Case No: 16642/24
Annexure: ORDER OF COURT
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL DIVISION, PIETERMARITZBURG, KwaZulu-Natal)
PIETERMARITZBURG, 2024-11-08, ACTING JUDGE VAN ROOYEN
This gazette is also available free online at www.gpwonline.co.za
40 No. 51699 GOVERNMENT GAZETTE, 06 DECEMBER 2024