MW007485
LOGO MPH08151
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION MIDDELBURG (LOCAL SEAT)
CASE NO: 1874/2023 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
OSCAR MANDLA MASUKU ID NO: 7207100429087 – FIRST RESPONDENT GABI CONSTANCE MASUKU ID NO: 7207100429087 – 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: 30 OCTOBER 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 R792 525.53;
2. Interest on the amount of R792 525.53, calculated at a rate of 13.50% calculated from 1 JANUARY 2023 to date of final payment;
3.An Order declaring the following mortgaged property specially executable:
ERF 397 DUVHA PARK EMALAHLENI TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1147 (ONE THOUSAND ONE HUNDRED AND FORTY SEVEN) SQUARE METRES HELD BY THE DEED OF TRANSFER T75324/2003
Also known as: 10 GERRIE RADLOFF STREET, DUVHA PARK, EMALAHLENI, 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 397 DUVHA PARK EMALAHLENI TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1147 (ONE THOUSAND ONE HUNDRED AND FORTY SEVEN) SQUARE METRES HELD BY THE DEED OF TRANSFER T75324/2003 Also known as: 10 GERRIE RADLOFF STREET, DUVHA PARK, EMALAHLENI, 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 397 DUVHA PARK EMALAHLENI TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 1147 (ONE THOUSAND ONE HUNDRED AND FORTY SEVEN) SQUARE METRES HELD BY THE DEED OF TRANSFER T75324/2003 Also known as: 10 GERRIE RADLOFF STREET, DUVHA PARK, EMALAHLENI, 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 31 DAY OF AUGUST 2026 (SGND) MATLALA VON METZINGER ATTORNEYS
ATTORNEYS FOR PLAINTIFF
1 LANA STREET
WITBANK
P.O. BOX 291
WITBANK
1035
K.A. MATLALA/MAPASEKA/WL/X522
TEL.: 013 656 6059/4863 c/o: MASHIFANE MOSWANE ATTORNEYS
P.O.BOX 1066 MIDDELBURG
OFFICE NO 6 TOWN SQUARE BUILDING
NO2, EKSTEEN STREET
MIDDELBURG 1050
TEL: 013 243 0568 TO: THE REGISTRAR OF THE HIGH COURT
MIDDELBURG
AND TO: OSCAR MANDLA MASUKU
10 GERRIE RADLOFF STREET DUVHA PARK EMALAHLENI, 1035
AND TO:GABI CONSTANCE MASUKU
10 GERRIE RADLOFF STREET DUVHA PARK EMALAHLENI, 1035
AND TO: EMALAHLENI LOCAL MUNICIPALITY
Reference Number: MW007485
