TA017247

NOTICE IN THE HIGH COURT OF SOUTH AFRICA

(MPUMALANGA DIVISION, MIDDELBURG)

(LOCAL SEAT)

Case Number: 3566/2020

In the matter between:

ACTING SHERIFF OF THE HIGH COURT BELFAST & MACHADODORP – TSEPO KHONYANE N.O.

– Applicant

And

ALRICK BOERDERY PROPRIETARY LIMITED

(Registration Number:

2018/041748/07)

– Respondent

In re:

FIRSTRAND BANK LIMITED

(Registration Number:

1929/001225/06)

– Judgement Creditor

And

PHILIPPUS JEREMIA RUDOLPH DE BRUIN BURGER

(Identity Number:

770410 5025 084)

– 1st Judgement Debtor

CINDY CATHRENE BURGER

(Identity Number:

900214 0219 087)

– 2nd Judgement Debtor

NOTICE OF APPLICATION IN TERMS OF RULE 46 (11)

BE PLEASED TO TAKE NOTICE THAT the

Applicant will apply to the above Honourable Court on

10 JULY 2026 at 10:00 or as soon thereafter as Counsel for the Applicant may be heard, for an order in the following terms:

1. That the sale in execution of the immovable property known as:

ERF 747 MACHADODORP TOWNSHIP

REGISTRATION DIVISION J.T.; MPUMALANGA PROVINCE

MEASURING: 2974 SQUARE METRES

HELD BY DEED OF TRANSFER T9380/2010

(hereinafter referred to as `the property`),

held by the Sheriff of the High Court – Belfast & Machadodorp on 6 October 2025, in execution of a judgment of the above Honourable Court granted on 24 January 2024, in the above case, be cancelled, and that the property may again be put up for sale with a reserve price of R200 000.00.

2. That the Respondent be held liable for any loss sustained by the Applicant and/or the Judgment Creditor, as well as for the Sheriff`s commission and the VAT thereon, by reason of Respondents` default, which loss may be recovered by the Applicant from the Respondent by order hereof.

3. That the Applicant be ordered to retain in Applicant`s trust account, the deposit paid by the Respondent for a period of 120 days after registration of transfer of the property into the name of a new purchaser at a subsequent sale in execution, to enable the Applicant and/or Judgment Creditor to quantify its damages (if any), and to claim such damages from the Respondent in a further Rule 46 (11)(b) application, provided that if no claim for such loss sustained has been lodged within a period of 120 days from date of registration of transfer into the name of the purchaser at a new sale in execution, such deposit shall be refunded to the Respondent.

4. That the Applicant does not accept bids for the property from or sell the property to the Respondent or any other person who acts on behalf of the Respondent, at a subsequent sale in execution.

5. That the Respondent pay the costs of this application.

6. Granting the Applicant such further or alternative relief as the Honourable Court may deem fit.

KINDLY TAKE FURTHER NOTICE THAT the Applicant has appointed PDR ATTORNEYS INCORPORATED, at the address referred to hereunder as the address at which the Applicant will accept notice and service of all process in this application, if delivered by hand, and the Applicant further elects jaco@legaledge.co.za and chantal@legaledge.co.za as the electronic addresses for service of all documents, notices and pleadings in terms of Rule 4A of the Uniform Rules of Court.

TAKE NOTICE FURTHER that if Respondent intends opposing this application Respondent is required to:

(a) Notify Applicant`s attorney in writing within 10 (ten) days of the service of this application on Respondent; and

(b) Within 15 (fifteen) days after you have so given notice of your intention to oppose the application, to file your answering affidavit, if any, and further that you are required to appoint in such notification an address as referred to in Rule 6(5)(b), as well as an electronic mail address (if available), at which you will accept notice and service of all documents in these proceedings.

TAKE NOTICE FURTHER that if no such notice of intention to oppose be given, the application will be made on 10 JULY 2026 at 10:00.

DATED AT PRETORIA ON THIS DAY 23RD OF JUNE 2026.

PDR ATTORNEYS INC

Attorneys for Applicant

REF: JJ Strauss/MAT13346

E- mail: jaco@legaledge.co.za

c/o GFT PISTORIUS INC ATTORNEYS

9 Joubert Street

MIDDELBURG

Tel: 013-282-7304

E-mail: theo@tplaw.co.za

Ref: T Pistorius/Elsabe/H115/20