LR130570
IN THE MAGISTRATE`S COURT
FOR THE DISTRICT OF PORT SHEPSTONE
HELD AT PORT SHEPSTONE
CASE NUMBER:
3461/2024
IN THE MATTER
BETWEEN:
ORIBI BODY CORPORATE REGISTRATION NUMBER:
SCHEME 155/1993 EXECUTION CREDITOR
AND
CAROL NOZIBELE SIPHAMBO
IDENTITY NUMBER: 680612 1706 083
FIRST EXECUTION DEBTOR
RAY NKONYENI MUNICIPALITY
SECOND RESPONDENT
UGU MUNICIPALITY
THIRD RESPONDENT
ABSA HOME LOANS GUARANTEE COMPANY (RF0 PTY LTD)
FOURTH RESPONDENT
AUCTION
NOTICE OF SALE
IN
EXECUTION
OF IMMOVABLE PROPERTY S I R S In pursuance of a judgment granted on 14 October 2025, in the Port Shepstone Magistrate`s Court and a Writ of Execution issued thereafter, the immovable property listed hereunder will be sold in execution, by public auction, to the highest bidder for cash by the Sheriff of the Magistrate Court, Port Shepstone at the Sheriff`s Office, 17A Mgazi Avenue, Umtentweni, Port Shepstone on MONDAY,
9 NOVEMBER 2026 at 10h00 or so soon
thereafter as possible. SECTION 54, ORIBI,
ERF 3166, MARINE DRIVE, MARGATE, SCHEME NUMBER
SS 155/1993,
ORIBI, MARGATE,
KWAZULU NATAL
REGISTRATION
DIVISION ET, PROVINCE OF KWAZULU-NATAL
36 THIRTY – SIX) SQUARE METRES IN EXTENT HELD BY DEED OF TRANSFER NO. ST 34566/2010
(a) an undivided share in the common property in the scheme apportioned to the said section in accordance with the participation quota as endorsed on the said sectional plan; and
(b) Held by Deed of Transfer ST 34566/2010. MATERIAL CONDITIONS
1. Nothing in the above is guaranteed.
2.The sale shall be subject to the terms and conditions of the Magistrate Court Act, and the rules made thereunder.
3.The purchaser shall pay a deposit of ten per cent (10%) of the purchase price and the commission plus VAT in cash or bank guarantee cheque due to the Sheriff of the Magistrate Court (hereinafter referred to as “the Sheriff”) immediately after the sale or such extended period as may be agreed with the Sheriff and the balance shall be paid against transfer to be secured by a bank guarantee issued by a financial institution, to be approved by the Execution Creditor`s attorneys, to be furnished to the Sheriff within ten (10) days after the date of sale.
4. The purchaser shall be liable for payment of interest to the Execution Creditor at the rate of 9.35% per annum on the respective amounts of the award to the Execution Creditor on the plan of distribution as from the expiration of one (1) month after the sale to date of transfer.
5. The purchaser may take possession of the property on condition that the purchaser pays occupational rent at the rate of 1% per month on the purchase price.
6.The property is to be sold as it stands, that is voetstoots, and without any warranties whatsoever.
7.The sale in execution is conducted in accordance to the Consumer Protection Act 68 of 2008 as amended, in pursuant of an order granted against the Defendant for money owing to the Plaintiff.
8.Registration as a buyer is a pre- requisite subject to conditions, inter alia; Directive of the Consumer Protection Act 68 of 2008. URL Reference Number (URL https://www.info.gov.za./view.DownloadFileAction? id=99961)
9.FICA – legislation i.r.o proof of identity and address particulars.
10.Payment of a
Registration Fee of
R15 000.00 (refundable) prior to the
commencement of the auction in order to obtain a buyer`s card.
11.Registration conditions.
12.The office of the Sheriff for Magistrate Court Port Shepstone will conduct the sale with auctioneer MAB Mahlangu or her Deputy. Rules of the Auction and the full conditions of sale may be inspected at the offices of the Sheriff of the Magistrate Court, Port Shepstone, 17A Mgazi
Avenue, Umtentweni, Port Shepstone, 24 hours prior to the Auction. Dated at PORT SHEPSTONE on this 18TH day of
SEPTEMBER 2026.
Attorney for Plaintiff
BARRY, BOTHA &
BREYTENBACH INC
16 Bisset Street
Port Shepstone
4240
Tel: (039) 682 5540
Email:
nthabiseng@bbbinc.co.za
Ref: HBC/nb/16O033004
Reference Number: LR130570