Xolela Tyobeka

Court order seizes property linked to crime · Published 2025-08-08 · What is a POCA?

Party
Xolela Tyobeka
ID / Reg no
2020/783398/07
Date
2025-07-08

Case

Court
FREE STATE DIVISION, BLOEMFONTEIN, Free State / Vrystaat

Parties addressed

  • Xolela Tyobeka

Asset description

re: Volkswagen Golf 5 with registration number JFC 706 EC which is an instrumentality in an offence and was seized by the South African Police Service in Mlungisi and is held under Mlungisi CAS 94/12/2024 (a copy of which can be obtained from the person motioned in par 9 hereunder).

Identifiers

Company regs
2020/783398/07

From the gazette

                                                                        Case No: 3022/2025
                                                                             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, 2025-07-08, Before Justice LAING
 In the ex parte application of: The National Director of Public Prosecutions, Applicant
In re: I: In relation; In re: Volkswagen Golf 5 with registration number JFC 706 EC
which is an instrumentality in an offence and was seized by the South African Police
Service in Mlungisi and is held under Mlungisi CAS 94/12/2024 (a copy of which can
be obtained from the person motioned in par 9 hereunder
  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 08 July 2025 in case number 3022 /
2025 in relation to: re: Volkswagen Golf 5 with registration number JFC 706 EC which is an
instrumentality in an offence and was seized by the South African Police Service in Mlungisi and is
held under Mlungisi CAS 94/12/2024 (a copy of which can be obtained from the person motioned in
par 9 hereunder).
  This notice is addressed to Xolela Tyobeka 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.
   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

                        This gazette is also available free online at www.gpwonline.co.za
                              STAATSKOERANT, 08 AUGUSTUS 2025                              No. 53127   33

  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: 2025-07-28

                              FREE STATE / VRYSTAAT
                                                                                    Case No: 1107/2025
                                                                               P/H or Docex Nr:DOCEX 3
                             IN THE HIGH COURT OF SOUTH AFRICA
                   (FREE STATE DIVISION, BLOEMFONTEIN, Free State / Vrystaat)
                  BLOEMFONTEIN, 2025-07-17, HONOURABLE JUSTICE JJ MHLAMBI

In the matter between: NICOLAAS TJAART DE VOS, Applicant and DOORNBULT
BEDRYWIGHEDE (PTY) LTD REG NR: 2020/783398/07, Respondent

                                In re: PROVISIONAL LIQUIDATION
  Having considered the documents filed of record and having heard the legal practitioners of the
applicant,
  IT IS ORDERED THAT:
  1. The Respondent is placed under provisional liquidation in the hands of the Master of the High
Court;
   2. The rule nisi is issued calling upon the Respondent and all interested parties to appear before
this Honourable Court on Thursday, 28 August 2025 at 09h30 or so soon thereafter as the matter
may be heard to show cause why:
      a. A final order of liquidation should not be granted.
  3. Service of this order shall be affected on the Respondent's company at its registered address;
  4. A copy of this order shall be published, without delay, in one issue of the Government Gazette
and the Vista;
  5. A copy of this order shall be served as follows:
     5.1. On the employees of the Respondent's company by affixing a copy of the provisional order
to any notice board to which the employees have access inside the Respondent's company's
premises, or if there is no access to the premises by the employees, by affixing a copy to the front
gate, where applicable, failing which, to the front door of the premises from which the Respondent's
company conducted any business at the time of the presentation of the application;
      5.2. On every registered Trade Union, as far as the Sheriff can reasonably ascertain,
representing any of the employees of the Respondent's company;
     5.3. On the South African Revenue Services;
    5.4. The Master of the High Court, Bloemfontein.
  6. The sheriff must ascertain whether the employees of the Respondent's company are
represented by a Trade Union and whether there is a notice board on the premises to which the
employees have access;
  7. The costs of this application are costs in the winding-up.
  BY ORDER OF THIS COURT
  McINTYRE VAN DER POST INCORPORATED, 12 BARNES STREET, WESTDENE, BLOEMFONTEIN,
9301, Tel: 0515050200, Email: christiaan@mcintyre.co.za.
  Date submitted: 2025-07-28

                                                                                    Case No: 1106/2025
                                                                               P/H or Docex Nr:DOCEX 3
                             IN THE HIGH COURT OF SOUTH AFRICA
                   (FREE STATE DIVISION, BLOEMFONTEIN, Free State / Vrystaat)

                       This gazette is also available free online at www.gpwonline.co.za
   34      No. 53127                    GOVERNMENT GAZETTE, 08 AUGUST 2025

Source