MW007486
LOG MPH08151
NOTICE IN THE HIGH COURT OF SOUTH AFRICA MPUMALANGA DIVISION MIDDELBURG (LOCAL SEAT)
CASE NO: 1378/2023 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
PETER PHUTANENG MAKOFANE ID NO: 7612165321089
– FIRST RESPONDENT
EMALAHLENI LOCAL MUNICIPALITY – SECOND 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 Respondent for an Order, for:
1. Payment in the amount of R938 402.49;
2.Interest on the amount of R938 402.49, 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: PORTION 1 OF ERF 914 DIE HEUWEL EXTENSION 4 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 639 (SIX HUNDRED AND THIRTY-NINE) SQUARE METRES HELD BY THE DEED OF TRANSFER T004501/2012 Also known as: 15 POPLAR STREET, DIE HEUWEL EXTENSION 4 TOWNSHIP, WITBANK 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 PORTION 1 OF ERF 914 DIE HEUWEL EXTENSION 4 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 639 (SIX HUNDRED AND THIRTY NINE) SQUARE METRES HELD BY THE DEED OF TRANSFER T004501/2012 Also known as: 15 POPLAR STREET, DIE HEUWEL EXTENSION 4 TOWNSHIP, WITBANK 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 PORTION 1 OF ERF 914 DIE HEUWEL EXTENSION 4 TOWNSHIP REGISTRATION DIVISION J.S., PROVINCE OF MPUMALANGA MEASURING 639 (SIX HUNDRED AND THIRTY NINE) SQUARE METRES HELD BY THE DEED OF TRANSFER T004501/2012 Also known as: 15 POPLAR STREET, DIE HEUWEL EXTENSION 4 TOWNSHIP, WITBANK 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/ NOMHLE/WL/X520
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: PETER PHUTANENG MAKOFANE
15 POPLAR STREET DIE HEUWEL, EXTENSION 4 WITBANK, 1035
AND TO: EMALAHLENI LOCAL MUNICIPALITY
Reference Number: MW007486