TA017522
NOTICE IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF MPUMALANGA
HELD AT MBOMBELA
CASE NO: MRCD 866/2020
In the matter between:
REFILOE ELNATHAN KHUMALO
(ID NO: 770913 0198 087)
– PLAINTIFF
And
MAPHOKA JOHN KHUMALO
(ID NO: 660519 5264 080)
– DEFENDANT
NOTICE OF INTENDED AMENDMENT IN TERMS OF MAGISTRATES` COURT RULE 55 A (1)
KINDLY TAKE NOTICE THAT the Defendant intends to amend his Counter Claim/ Prayers dated 04th November 2020 as follows:
By Deleting Prayer 2, and replacing it with the following:
`Division of the Joint estate`
By Deleting Prayer 3 and replacing it with the following:
a) The Plaintiff is a member of the Government Employees Pension Fund, with Pension Number: 98626459.
b) The Government Employees Pension Fund, is ordered in terms of section 7(8) (a) of the Divorce Act 70 of 1979, to pay 50% of the Plaintiff`s pension interest held in the relevant pension fund, calculated as at the date of the decree of divorce directly to the Defendant, within 60 days of being informed of the manner in which the amount shall be dealt with by the Plaintiff.
c) The board of trustees is ordered to direct the Funds to reduce the Defendant`s pension interest held at the Government Employees Pension Fund with pension number: 98626459, by the amount assigned from the Plaintiff`s pension interest to the Defendant, in terms of Section 7(8) (a) of the Divorce Act 70 of 1979, calculated as at the date of the decree of divorce.
d) It be ordered that an endorsement be made in the records of the Government Employees Pension Fund that 50% of the Plaintiff`s pension interest held in the relevant pension fund is so payable to the Defendant.
By deleting prayer.4 and replacing it with the following:
” The immovable property located at stand no: 277 Karino Estate, Mpumalanga Province be sold and proceeds of sale be shared equally” and the motor vehicle white Nissan NP200 with registration
FYL 636 MP shall be awarded to the defendant together with all its necessary registration papers.
By deleting prayer 5 and replacing it with the following:
“None of the parties can claim maintenance from each other”
BE PLEASED TO TAKE FURTHER NOTICE that unless written objection to the proposed amendment is made within 10 (ten) days of the delivery of the notice, the Defendant will proceed to amend the Pleas and/counterclaim accordingly.
WHEREFORE: The Defendant prays for an order dismissing the Plaintiff`s claim and therefore seeking an order as prayed for in the amended counter claim.
DATED AND SIGNED AT MBOMBELA ON THIS 15TH DAY OF SEPTEMBER 2025
NP SHIBA ATTORNEYS INC
ATTORNEYS FOR THE DEFENDANT
26 BROWN STREET
KAMKHOLO BUILDING
THIRD FLOOR, SUITE 306
NELSPRUIT, 1200
EMAIL: npshibaatorneysinc@gmail.com
CELL: 072-164-7929 / 064-552-3375
REF: DIV/05/2025/NPS
TO: THE REGISTRAR
MBOMBELA REGIONAL COURT
AND TO: THE PLAINTIFF
REFILOE ELNATHAN KHUMALO
HOUSE NO. 277 KARINO ESTATE
NELSPRUIT
Received copy hereof on this ___ day of September 2025
Defendant`s`s attorneys
Reference Number: TA017522
