REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG, PRETORIA

CASE NO: 7487212009
8/8/2016
Reportable: No
Of interest to other judges: No
Revised.

In the matter between:

SHERIFF OF TEMBISA MIDRAND &
KEMPTON PARK NORTH 	Applicant

And

MADEPE LUCAS MATSA 	Purchaser/Respondent

In the matter: 

NEDBANK LIMITED 	Plaintiff

And

THOMAS MATHABATHE 	1st Defendant

TWM TRANSPORT SERVICES CC 	2nd Defendant

SILTEAM INVESTMENTS CC 	3rd Defendant

RULE 46 (11A) RULING

KHUMALO J

[1] The sheriff has issued a return of non-service, which cannot be translated to a service (see Supporting Affidavit by Soretha De Bruin). In an action mere knowledge of issue of a summons or of initiation of motion proceedings does not constitute service and cannot relieve a Plaintiff from the obligation to follow the prescribed rules; see First National Bank of S A Ltd v Ganyesa Bottle Store 1998 (4) SA 565 N at 568 B-C.

[2] The Applicant is ordered to effect proper service upon the Purchaser Respondent.

______________________________
N V KHUMALO
JUDGE OF THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, PRETORIA

SORETHA DU BRUIN
C/O VDT ATTORNEYS INC
Ref Soretha de Bruinp/B30/267
012 452 1300