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available free online at
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34 No. 41559
GOVERNMENT GAZETTE, 6 APRIL 2018
t
Case No: 2676/2018
IN THE HIGH COURT OF SOUTH AFRICA
(KWAZULU-NATAL LOCAL DIVISION, DURBAN)
DURBAN, 9 March 2018, BEFORE THE HONOURABLE JUDGE NKOSI
In the matter between: DAMON PRONK (FIRST APPLICANT), DAMON PRONK NO (SECOND APPLICANT), CRAIG
DEREK MOOLMAN NO (THIRD APPLICANT), LISA PRONK NO (FOURTH APPLICANT) and FINANCE SPEC CC (FIRST
RESPONDENT), GARETH PHILLIPPE DUCLER DES RAUCHES (SECOND RESPONDENT), GARETH PHILLIPPE
DUCLER DES RAUCHES NO (THIRD RESPONDENT), PHILLIPE CHRISTIAN DUCLER DES RAUCHES (FOURTH
RESPONDENT), NICOLE DUCLER DES RAUCHES (FIFTH RESPONDENT)
UPON THE MOTION OF COUNSEL FOR THE APPLICANT AND UPON READING THE NOTICE OF MOTION AND OTHER
DOCUMENTS FILED OF RECORD
IT IS ORDERED
1. THAT a Rule nisi be and is hereby issued calling upon FINANCE SPEC CC (hereinafter referred to as the “First
Respondent”) and all other interested parties to show cause on the 17th day of April 2018 at 09h30, or so soon thereafter as
counsel
may be heard, why the First Respondent should not be finally wound up;
2. THAT this order shall operate as a Provisional Order winding up the First Respondent;
3. THAT a copy of this order shall be published on or before the 6th day of April 2018 once in a daily newspapers published
and circulating in KwaZulu-Natal and once
in the Government Gazette;
4. THAT the Master of the High Court be and is hereby directed to forthwith appoint a liquidator to the estate of the First
Respondent;
5. THAT a Rule nisi be and is hereby issued returnable on the same date and at the same time as the Rule in paragraph 1
above, for an order in the following terms:
5.1 THAT the Second Respondent be and is hereby interdicted and restrained from communicating with the clients of the
First Respondent;
5.2 THAT the Second Respondent be and is hereby interdicted and restrained from defaming or in any disseminating any
information regarding the First Applicant in any manner or form, be it verbally
or by electronic communication;
5.3 THAT the Second Respondent pay the costs of this application.
6. That pending the return in paragraph 1 above that paragraphs 5.1 and 5.2 operate as interim relief against the Second
Respondent.
NORTH WEST / NOORDWES
Case No: M526/2017
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH WEST DIVISION, MAHIKENG)
MMABATHO, 8 March 2018, Before the Honourable Mr Justice Gura
In the matter between: ODCS (Pty) Ltd, Reg No: 2010/020610/07, Applicant and Edward Christo De Villiers,
6008085011085, 1st Respondent; Melinda De Villiers, 6302080041084, 2nd Respondent
Having heard Adv Zwiegelaar on behalf of the Applicant and having read the Notice of Motion and other documents filed of
record, it is ordered:
1.That the joint estate of the Respondents be and is hereby placed under provisional sequestration;
2.That the Respondent be and are hereby called upon to put forward their reasons why this Court should not order the final
sequestration of the Respondents’ joint estate on the 12th day of APRIL 2018 at 10:00 or so soon thereafter as the matter may
be heard;
3.That a copy of this order be forthwith served as follows:
3.1 On the First and Second Respondent;
3.2 On the employees of the Respondents, if any;
3.3.On the trade unions of the employees of the Respondents, if any;
3.4 By one publication in the local newspaper circulating the area of the Respondents;
3.5 By one publication in the Government Gazette;
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STAATSKOERANT,
6 APRIL 2018
No. 41559
35
3.6 Service on the South African Revenue Service; and
3.7 Service on the Master of the High Court, Mahikeng.
By the Court Registrar. DCK
WESTERN CAPE / WES-KAAP
ANNEXURE A
Case No: 4523/18
156
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE DIVISION)
CAPE TOWN, 20 March 2018, Honourable Ms Justice Steyn
In the ex parte application of: The National Director of Public Prosecutions, Applicant and Marius Leon van Zyl, First
Respondent, Marawaan Marcus, Second Respondent and Lesley Masawi, Third Respondent
In re: In re: R31 920 in cash seized by members of the South African Police Services from the
respondents on 25 February 2010
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 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 (Western Cape Division, Cape
Town) on 20 March 2018 in case number 4523/18 in relation to: R31 920 in cash seized by members of the South African Police
Service from the Respondents on 25 February 2010. (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:
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 and must be delivered to the office of the State Attorney at the address mentioned in paragraph
9, below.
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:
The State Attorney: Mr Z Karjiker,5th Floor, 22 Long Street, CAPE TOWN.
His contact details are as follows:
Tel: (021) 441 9301. Email: ZKarjiker@justice.gov.za