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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

 

CASE NO: 2021/9373

 

1. Reportable:  No

2. Of interest to other judges: No

3. Revised

28 January 2025

 

ROAD ACCIDENT FUND                                                   Applicant

 

and

 

YANGBONGA, BIBICHE SINGO                                       First Respondent

 

THE SHERIFF OF THE HIGH COURT:                             Second Respondent

DISTRICT OF JOHANNESBURG

 

JUDGMENT

 

WRIGHT J

 

1.  The RAF seeks urgently to interdict a sale in execution of its assets. A settlement was made an order of court but the Fund says that it is now aware that the first respondent is an illegal foreigner and it wants to have a rescission application heard.

 

2.  The Fund is vague on when it formed the view that the first respondent was an illegal foreigner. A writ was issued as early as about a year ago.

 

3.  In the founding affidavit, but not in the notice of motion, the RAF seeks

condonation. For what is not clear.

 

4.  A case for urgency is not made out.

 

ORDER

1.  Struck off with costs on scale A. –

 

GC Wright

Judge of the High Court

 Gauteng Division, Johannesburg

 

HEARD                   : 28 January 2025 

DELIVERED           : 28 January 2025

APPEARANCES    : 

Applicant               Ms P Makhathini

                               State Attorney from RAF

Instructed by        Road Accident Fund

 

Respondent         Adv DB Du Preez

                              niel@dup.co.za

                              083 375 0209

Instructed by       Van Der Elst inc

                             011 731 0000

                             litagation@vdelaw.co.za

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