SC000275
LOGO STRO3001
NOTICE IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MIDDELBURG (LOCAL SEAT)
CASE NO: 2026-054838
In the matter between:
JOHANNES JACOB FOURIE
(Identity number:
411119 5003 083)
– 1st APPLICANT
MARIA FRANCINA FOURIE
(Identity number:
530324 0060 082)
– 2nd APPLICANT
AND
THE OFFICE OF THE DEEDS REGISTRY, MPUMALANGA
– RESPONDENT
NOTICE OF MOTION
BE PLEASED TO TAKE NOTICE that an Application will be made on behalf of the Applicants` on
09 OCTOBER 2026 at 10:00 or as soon thereafter as counsel may be heard, for an order in the following terms:
1. Granting the Applicants leave to change their Matrimonial Property Regime and authorizing them, in terms of section 21(1) of the Matrimonial Property Act, 88 of 1984, as amended, to change the matrimonial property system applicable to their marriage.
2. Authorising the Applicants to enter into and execute a postnuptial notarial contract in accordance with the draft annexed to the Founding Affidavit as Annexure “JJF1”, which contract shall regulate their future matrimonial property system as out of community of property without the accrual system, and which shall operate from date of registration thereof;
3. Directing that the said postnuptial contract be registered at the Registrar of the Deeds office, Mbombela within three (3) months from date of this order;
4. Authorizing and directing the Registrar of the Deeds Office Mbombela to register the abovementioned notarial contract and to effect any necessary consequential alternations and/or deletions of any endorsements in the title deed(s) of any immovable property held in the name(s) of either, or both, of the Applicants, provided that the aforementioned notarial contract complies with the period prescribed in paragraph 1 here above.
5. That this order shall not prejudice the rights of any actual or contingent creditor of the Applicants whose rights accrued prior to the registration of the postnuptial notarial contract;
6. Any further and / or alternative relief that the Honourable court deems fit.
TAKE NOTICE THAT the Founding Affidavits of Johannes Jacob Fourie and all annexures thereto will be used in support of this Application.
TAKE NOTICE THAT the Applicants have appointed Chris Coetzee Incorporated as the attorneys of record at the address set out here below at which he will accept all notice and service of all processes in the proceedings.
HEREBY enroll the matter accordingly.
SIGNED AND DATED AT MIDDELBURG ON THIS THE
6th DAY OF AUGUST 2026.
(Signed)
Attorney with Right of Appearance in the High Court of South Africa in terms of Section 25(3),(4) and /or 199(2)(b) of Act 28 of 2014, Read with Rule 20 of the Rules of the South African Legal Practice Council.
CHRIS COETZEE INC
ATTORNEY FOR PLAINTIFF
51 Walter Sisulu street
Middelburg
1055
Tel: 013 243 6845
Email:
lume@chriscoetzeeinc.co.za
Ref: LIT204830
Reference Number: SC000275