MW007269
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION MIDDELBURG (LOCAL SEAT) CASE NO: 2072/2024 In the matter between
ESKOM FINANCE COMPANY (SOC) LTD
REGISTRATION NUMBER:
1990/001322/07 – FIRST APPLICANT NQABA FINANCE 1 (PTY) LTD
REGISTRATION NUMBER:
2005/04005/07 – SECOND APPLICANT AND THANDUYISE DAVID MADELA ID NO: 891219 5349 087 – FIRST RESPONDENT EMALAHLENI LOCAL MUNICIPALITY – SECOND RESPONDENT
APPLICATION FOR DEFAULT JUDGMENT AND NOTICE OF SET DOWN I.T.O RULE 31 (5) (a) AND AN ORDER I.T.O RULE 46(1)(a)(ii) AND RULE 46 OF ACT 10 OF 2013 BE PLEASED TO TAKE NOTICE that an Application will be made to the above Honorable Court on:
03 July 2026 at 10h00, or as soon thereafter as the matter may be heard for Default Judgment to be granted against the 1st Respondent for an Order, for:
1. Payment in the amount of
R845 094.85;
2. Interest on the amount of
R845 094.85, calculated at a rate of 14.7500% calculated from
1 January 2024 to date of final payment;
3. An Order declaring the following mortgaged property specially executable:
ERF 3802 TASBETPARK EXTENSION 17 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA
MEASURING 426 (FOUR HUNDRED AND TWENTY SIX) SQUARE METRES
HELD BY THE DEED OF TRANSFER T17857/2015
Also known as: 3802, SPRINGBOK STREET, TASBETPARK EXTENSION 17, WITBANK 1035
4. An order authorizing the issuing of a warrant of execution and directing execution against the immovable property;
5. An Order whereby the immovable property known as ERF 3802 TASBETPARK EXTENSION 17 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 426 (FOUR HUNDRED AND TWENTY SIX) SQUARE METRES HELD BY THE DEED OF TRANSFER T17857/2015 Also known as: 3802 SPRINBOK STREET, TASBETPARK EXTENSION 17, WITBANK 1035 (hereinafter referred to as `the property`) is to be sold at a sale in execution without a reserve price; OR
6. An order whereby the immovable property known as ERF 3802 TASBETPARK EXTENSION 17 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 426 (FOUR HUNDRED AND TWENTY SIX) SQUARE METRES HELD BY THE DEED OF TRANSFER T17857/2015 Also known as: 3802 SPRINBOK STREET, TASBETPARK EXTENSION 17, WITBANK, 1035 (herein after referred to as `the property`) is to be sold at a sale in execution at a reserve price determined by this Honorable Court;
7. The Sheriff be authorized to sell the immovable property to the highest bidder at the sale in execution should the reserve price requested in prayer 6 not be achieved;
8. The Applicant is granted leave to approach the Honorable Court again for a reviewed reserve price should the Applicant require that a reviewed reserve price be set;
9. Cost of suit on attorney and own client scale;
10. Further and/or alternative relief.
DATED AT WITBANK ON THE
11 DAY OF MAY 2026.
(SGND) MATLALA VON METZINGER ATTORNEYS
ATTORNEYS FOR PLAINTIFF
1 LANA STREET WITBANK
P.O. BOX 291 WITBANK 1035
K.A. MATLALA/MAPASEKA/
WL/X533
TEL.: 013 656 6059/4863
c/o: MASHIFANE MOSWANE ATTORNEYS
P.O.BOX 1066 MIDDELBURG 1050
51A JEPPE STREET MINERALIA MIDDELBURG 1055
TEL: 013 243 0568 TO: THE REGISTRAR OF THE HIGH COURT MIDDELBURG
AND TO: THANDUYISE DAVID MADELA
3802 SPRINGBOK STREET TASBETPARK EMALAHLENI, MPUMALANGA 1035
AND TO:EMALAHLENI LOCAL MUNICIPALITY
Reference Number: MW007269
