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   ________________   
WRIGHT J            SIGNATURE

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