MW007277
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION MIDDELBURG (LOCAL SEAT)
CASE NO: 4127/2024 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 VINCENT JABULANI MALAZA
ID: 780702 5454 084 – FIRST RESPONDENT
SINDISIWE ROSEMARY MALAZA
ID: 771221 0490 085 – SECOND RESPONDENT
EMALAHLENI LOCAL MUNICIPALITY – THIRD 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: 3 JULY 2026 at 10h00, or as soon thereafter as the matter may be heard for Default Judgment to be granted against the First and Second Respondents for an Order, for:
1. Payment in the amount of
R3 057 018.97.
2. Interest on the amount of
R3 057 018.97, calculated at a rate of 14.75% calculated from
1 JUNE 2024 to date of final payment;
3. An Order declaring the following mortgaged property specially executable:
ERF 394 BANKENVELD EXTENSION 13 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1267 (ONE THOUSAND TWO HUNDRED AND SIXTY SEVEN) SQUARE METRES HELD BY THE DEED TRANSFER T11745/2010 ALSO KNOWN AS: 24 CLOVELLY STREET, BANKENVELD GOLF ESTATE, WITBANK
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 ERF 394 BANKENVELD EXTENSION 13 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1267 (ONE THOUSAND TWO HUNDRED AND SIXTY SEVEN) SQUARE METRES HELD BY THE DEED TRANSFER T11745/2010 ALSO KNOWN AS: 24 CLOVELLY STREET, BANKENVELD GOLF ESTATE, WITBANK (herein after 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 394 BANKENVELD EXTENSION 13 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1267 (ONE THOUSAND TWO HUNDRED AND SIXTY SEVEN) SQUARE METRES HELD BY THE DEED TRANSFER T11745/2010 ALSO KNOWN AS: 24 CLOVELLY STREET, BANKENVELD GOLF ESTATE, WITBANK (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 THIS 17 APRIL 2026 (SGND) MATLALA VON METZINGER ATTORNEYS
ATTORNEYS FOR PLAINTIFF
1 LANA STREET WITBANK
P.O. BOX 291 WITBANK 1035
K.A. MATLALA/NOMHLE/ WL/X543
TEL.: 013 656 6059/4863
c/o: MASHIFANE MOSWANE ATTORNEYS
P.O BOX 1066 MIDDELBURG 1050
51A JEPPE STREET MINERALIA
TEL: 013 243 0568 (SGND) THE REGISTRAR OF THE HIGH COURT MIDDELBURG
AND TO: VINCENT JABULANI MALAZA
24 CLOVELLY STREET BANKENVELD GOLF ESTATE WITBANK 1039
AND TO: SINDISIWE ROSEMARY MALAZA
24 CLOVELLY STREET BANKENVELD GOLF ESTATE WITBANK 1039
AND TO: EMALAHLENI LOCAL MUNICIPALITY
Reference Number: MW007277
