MW007313
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION, MIDDELBURG
CASE NO: 2025-188431 IN THE MATTER BETWEEN:
TRANSNET SOC LTD (REGISTRATION NUMBER:
1990/000900/30) APPLICANT AND BENZIN KHUMALO – FIRST RESPONDENT KHULEKANI MKHWANAZI
SECOND RESPONDENT SBONISO NDWANDWE – THIRD RESPONDENT UNKNOWN MEMBERS OF KENDAL COMMUNITY FOURTH RESPONDENTS NOTICE OF MOTION KINDLY TAKE NOTICE that Application will made to the above Honourable Court on the
14th of AUGUST 2026 at 10:00am or so soon thereafter as the matter may be heard for an order in the following terms: 1. That a rule nisi be and is hereby issued, calling upon the First, Second, Third and Fourth Respondents (`Respondents`) and all other interested parties to show cause, on _______________ why the following order should not be confirmed.
1.1. That the Respondents are interdicted and restrained from: –
1.1.1. Participating in, or inciting another/others to participate in any unlawful conduct and/or unlawful gatherings or unlawful protests on the Applicant`s premises, and at any entrance or road to the Applicant`s premises situated at Kendal Inland Terminals, Kendal Siding, Lakeside Trolly Mine, Kendal, Mpumalanga Province (`the Applicants` premises`);
1.1.2. Unlawfully interfering with or obstructing the conduct of the business of the Applicant;
1.1.3. Blockading or obstructing the entrances and roads to the Applicant`s premises and hindering the entrance and exit of the Applicant`s vehicles or people from the Applicant`s premises;
1.1.4. Conducting any unlawful activities on or outside the Applicant`s premises, or on the roads to the premises of the Applicant including but not limited to destroying or damaging any of the Applicant`s property;
1.1.5. Interfering with the employment relationship between the Applicant and its staff; and
1.1.6. Inciting violence.
2. The South African Police Service, alternatively a private security company appointed by the Applicant to be authorised to act in accordance with section 9, read with section 6 (a) of the Regulation of Gatherings Act, 205 of 1993 should the Respondents fail to adhere to and to comply with this Order.
3. That the Order in paragraphs 1 and 2 above shall operate as an interim interdict with immediate effect, pending the return date.
4. That service of this application and any order granted be effected by:
4.1. Personal service upon the Respondents (where possible); and/or
4.2. Service via email, WhatsApp, or other electronic means; and/or
4.3. By affixing a copy of this application to the gate or visible structure at the Applicant`s premises or roads leading to it.
5. That the Respondents pay the costs of this application, jointly and severally, the one paying the other to be absolved, if there is opposition; and 6. Further and/or alternative relief. TAKE NOTICE FURTHER that the affidavit of NTHABISENG BALOYI, together with the annexures thereto, will be used in support of this application.
TAKE NOTICE FURTHER that the applicant has appointed Mothle Jooma Sabdia Incorporated in the care of Van Deventer & Campher Inc at 48 Walter Sisulu Street, Middelburg, Mpumalanga, 1050 at which address all notices and service in these proceedings will be accepted.
BE PLEASED TO TAKE NOTICE FURTHER that if you intend opposing this application you are required to:
(a) Notify the Applicant`s attorneys in writing within ten (10) days of receipt of this application;
(b) within fifteen (15) days after you have so given notice of intention to oppose the application, to file your answering affidavits, if any.
AND BE PLEASED TO TAKE NOTICE FURTHER that you are required to appoint in such notification an address referred to in Rule 6(5)(b) at which you will accept notice and service of all documents in these proceedings.
TAKE NOTICE FURTHER that if no notice of opposition is filed, an application will be made in terms of the notice of motion on 14TH AUGUST 2026 at 10:00, or so soon thereafter as Applicant`s Counsel may be heard.
DATED AT PRETORIA ON THIS THE 6TH DAY OF MARCH 2026. Mothle Jooma Sabdia Incorporated
Applicant`s Attorneys
Ref: Mr Jooma/ar/TRA18/0002
Tel: 012 362 3137
Fax: 086 650 4579
Email: ebrahimj@mjs-inc.co.za
C/O Van Deventer & Campher Inc
48 Walter Sisulu Street
Middelburg,
Mpumalanga, 1050
TO: The Registrar of the above Honourable Court
Middelburg
AND TO: BENZIN KHUMALO
First Respondent
Olympic Informal Settlement
Kendal Mpumalanga
By way of Sheriff
AND TO: KHULEKANI MKHWANAZI
Second Respondent
Olympic Informal Settlement
Kendal Mpumalanga
By way of Sheriff
AND TO:SBONISO NDWANDWE Third Respondent
Olympic Informal Settlement
Kendal Mpumalanga
By way of Sheriff
AND TO: UNKNOWN MEMBERS OF KENDAL COMMUNITY
Fourth Respondent
Olympic Informal Settlement
Kendal Mpumalanga
By way of Sheriff
Reference Number: MW007313
