SR015677
NOTICE OF SALE IN EXECUTION OF IMMOVABLE PROPERTY
(AUCTION) IN THE HIGH COURT OF SOUTH AFRICA (KWAZULU- NATAL LOCAL DIVISION, DURBAN)
Case No.: D10768/2022
In the matter between:
CAPX BUSINESS FINANCE (PTY) LTD
Execution Creditor
(Registration Number: 2015/305725/07)
and
AMAGWABA CONSTRUCTION CC
First Execution Debtor
(Registration Number: 2007/131735/23)
THAMSANQA TABANI WISEMAN MANYATHI N.O.
Second Execution Debtor
(in his capacity as a trustee of ALS Trust, Registration Number: IT000335/2018(N))
SIBUSISWE ZOTHILE MANYATHI N.O.
Third Execution Debtor
(in her capacity as a trustee of ALS Trust, Registration Number: IT000335/2018(N))
THAMSANQA TABANI WISEMAN MANYATHI
Fourth Execution Debtor
(Identity Number: 840301 5658 089)
SIBUSISWE ZOTHILE MANYATHI
Fifth Execution Debtor
(Identity Number: 830714 0801 086)
In execution of a judgment of the High Court of South Africa, Kwazulu-Natal Local Division, Durban on 10 March 2023 in the above matter, a sale with no reserve will be held by the Sheriff of Lower Umfolozi at 37 Union Street, Empangeni, on Wednesday, 29 July 2026 at 11:00 AM of the undermentioned property, owned by ALS Trust, being the Second Execution Debtor and Third Execution Debtor, on the conditions to be read by the Auctioneer at the time of the sale, which conditions will lie for inspection 24 (Twenty-Four) hours prior to the sale at the offices of the Sheriff of Lower Umfolozi at 37 Union Street, Empangeni:
ERF 2599 RICHARDS BAY (EXTENSION 12), REGISTRATION DIVISION GV, PROVINCE OF KWAZULU-NATAL, EXTENT: 1 057 (ONE THOUSAND AND FIFTY SEVEN) SQUARE METRES, HELD BY DEED OF TRANSFER NUMBER T37989/2019, which property is situated at 19 OCTOPUS ARM, MEERENSEE, RICHARDS BAY, KWAZULU-NATAL, KING CETSHWAYO MAGISTERIAL DISTRICT.
ZONING : RESIDENTIAL ONLY DETACHED 2
The following information is furnished regarding the improvements, though in this respect nothing is guaranteed
Property Description: Single Story with blocked wall under tiled roof consisting of:
Main Building
•four bedrooms (one ensuite), kitchen, dining room, lounge, playroom, bathroom, shower and toilet;
Out building
•servant`s quarters with toilet and shower; Double garage and swimming pool.
The terms are as follows
1. 10% (ten percent) of the purchase price in cash, bank guaranteed cheque or by way of an electronic funds transfer on the day of the sale, and the balance against transfer to be secured by a bank or building society or other acceptable guarantee to be approved by the execution creditor and to be furnished within 21 (Twenty- One) days from date of sale;
2. All transfer duties, costs of transfer, arrear levies, rates, taxes and other charges necessary to effect transfer of the property are payable by the purchaser;
3. Auctioneer`s charges are payable on the day of the sale, to be calculated as follows:
(a) 6% on the first R100 000.00, and
(b) 3.5% on R100 001.00 to R400 000.00, and
(c) 1.5% on the balance of the proceeds of the sale,
4. The execution creditor shall have the right to bid at the foreclosure sale.
RULES OF AUCTION
• 1. The sale is a sale and execution pursuant to a judgment obtained in the above Honourable Court on 10 March 2023.
2. The sale is to be in accordance with the provisions of Rule 46 of the Uniform Rules of the High Court, as amended, as well as the provisions of the Consumer Protection Act 68 of 2008 (“CPA”), the Regulations promulgated thereunder and the “Rules of Auction” where applicable.
3. The rules of the auction will be available 24 hours before the auction and may be inspected at the office of the Sheriff Lower Umfolozi, 37 Union Street, Empangeni during office hours.
4. Registration as a prospective buyer is a pre- requisite, subject to specific conditions, inter alia: (Please Note: Registrations will close at 10:30 AM on the day of the sale):
(a) In compliance with the Consumer Protection Act 68 of 2008. a copy of the CPA and the Regulations thereto, are available at (https://www.info.gov.za/view/downloadfileAction? id=99961)
(b) FICA-legislation: Requirement proof of ID, residential address and other. A list of all FICA requirements available at Sheriff`s office.
5. The sale will be conducted by the Sheriff of Lower Umfolozi, Ms N P Mkhize or her representative.
6. A Registration Fee of R15 000.00 (Fifteen Thousand Rand) is payable by electronic funds transfer (EFT) only (EFT proof of payment to be produced prior to the sale).
7. Special conditions of sale are available for viewing at the sheriff`s offices at 37 Union Street, Empangeni during office hours.
8. Advertising costs at current publication rights and sale costs according to court rules, apply.
DATED at DURBAN on this the 29 day of MAY 2026. NC STEYN ATTORNEYS
EXECUTION CREDITOR`S ATTORNEYS
CAPE TOWN
Tel: 084 569 2863
Email: pieter@ncsteyn.co.za
C/O
HENWOOD BRITTER & CANEY
2nd Floor Clifton Place
19 Hurst Grove,
MUSGRAVE
DURBAN, 4000
Tel: 031 304 3621
Email: rbd@henwoodbritter.com
Ref: RB Donachie
17-07-2026
Reference Number: SR015677