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IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

CASE NO. 654/2007

In the matter between:

DIRELABATHO REFUSE (PTY) LTD APPLICANT

and

DINA AMELIA MAKOELA 1^ST RESPONDENT

MOLEFI SELLO 2^ND RESPONDENT

ANDREW SELLO 3^RD RESPONDENT

MPHO MATSHEGO 4^TH RESPONDENT

___________________________________________________________ JUDGMENT

___________________________________________________________

MOGOENG JP.

[1] The Respondents in this matter were unrepresented when the matter came before me on 17 May 2007. They applied for the postponement of the matter so that they could enlist services of a legal representative.

[2] Mr Wessels, for the Applicant, submitted that the Respondents were still unrepresented on the previous appearance and had also asked for the matter to be postponed for the same reason. It is important that matters be finalised and that parties, whether or not they are represented, should not be encouraged to cause the matter to drag on indefinitely.

[3] This notwithstanding, the Court is inclined to afford the Respondents a further and the last opportunity to enlist services of a legal representative. There is a lot at stake for them in this application and justice dictates that they be given another chance to be heard, if possible, with the assistance of a legal representative. It would be recalled that the previous postponement, from 05 May 2007 to 17 May 2007 only allowed that I count days within which to enlist services of counsel and to prepare their papers. They have asked for a longer period and I believe that this being the last postponement, they should be given a longer postponement.

[4] In the result, the matter is to be postponed to 28 June 2007 to afford the Respondents the opportunity to enlist the services of counsel and to file the necessary papers. In the exercise of its discretion, the Court will not award any costs against the Respondents. Costs will be costs in the cause.

[5] In the result, it is ordered that:

a) The matter be and is postponed to 28 June 2007, and the rule nisi is extended to that date;

b) The Respondents are to file and serve their Answering Affidavit on or before 18 June 2007;

c) The Applicant is to file and serve its Replying Affidavit, if any, on or before 25 June 2007; and

d) Costs will be costs in the cause.

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M.T.R. MOGOENG

JUDGE PRESIDENT OF THE HIGH COURT

APPEARANCES

DATE OF HEARING : 17 MAY 2007

DATE OF JUDGMENT : 07 JUNE 2007

FOR THE APPLICANTS : MR WESSELS

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