SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this
document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
Reportable: NO
Of Interest to other Judges: NO
Circulate to Magistrates: NO
case no: 4648/2023
In the application for leave to appeal of:
NATHANE SOULMAN NAKEDI 1
st Applicant
ANY FURTHER UNLAWFUL OCCUPIERS
OF UNIT 23 THORA'S PLACE, VAN
BLERK STREET STERLING SMALL
HOLDINGS, DISTRICT BLOEMFONTEIN,
FREE STATE PROVINCE 2nd Applicant
And
WELCOME NORMAN JACOBS N.O. 1st Respondent
(in his capacity as the liquidator of
Two Fine Commodities (Pty) Ltd (in liquidation))
MANGAUNG METROPOLITAN MUNICIPALITY 2nd Respondent
In re:
WELCOME NORMAN JACOBS N.O. Applicant
(in his capacity as the liquidator of
Two Fine Commodities (Pty) Ltd (in liquidation))
And
NATHANE SOULMAN NAKEDI 1st Respondent
ANY FURTHER UNLAWFUL OCCUPIERS OF
UNIT 23 THORA'S PLACE, VAN BLERK
STREET STERLING SMALL HOLDINGS,
DISTRICT BLOEMFONTEIN,
FREE STATE PROVINCE 2nd Respondent
MANGAUNG
METROPOLITAN MUNICIPALITY 3rd Respondent
CORAM: JP DAFFUE J
DELIVERED ON: 22 April 2024
APPLICATION FOR LEAVE TO APPEAL
INTRODUCTION
[1] On 30 January 2024 I granted an order on behalf of the liquidator of
Two Fine Commodities (Pty) Ltd for the eviction of Nathane Soulman Nakedi and all
other unlawful occupiers occupying the property through him. In terms of the order
they had to vacate the property on/or before 31 March 2024.
[2] On 20 February 2024 Mr Nakedi and unidentified unlawful occupiers
filed an application for leave to appeal. There is indication whether leave is sought to
appeal to the full bench of this division or the Supreme Court of Appeal. On 1 March
2024 I requested my secretary to communicate with the parties in order to obtain a
suitable date for the hearing of the application. On the same day the liquidator’s
Bloemfontein attorneys of record indicated that he would not be opposing the
application. No response was received from Mr Nakedi or his attorneys. On 25
March 2024 my secretary sent another email to Mr Nakedi's legal representatives.
The email correspondence is annexed hereto as annexure A. Notwithstanding the
request that I should be informed as to which of the new dates provided might suit
them, no response was received. Therefore, I decided to adjudicate the application in
chambers.
[3] I reiterate that the liquidator's decision not to oppose this application is not
relevant to the outcome of the application. He is free to abandon the judgment and/or
apply for the rescission thereof.
[4] I do not intend to deal with any of the grounds of appeal insofar as I am of
the view that nothing new needs my attention. I dealt fully in my judgment with each
and every issue raised in the application for leave to appeal.
[5] I am satisfied that leave to appeal should be dismissed as the appeal would
have no reasonable prospect of success. Also, there is no other compelling reason
why it should be heard by a court of appeal.
[6] Consequently, the following order is made:
1. The application for leave to appeal is dismissed with costs.
JP DAFFUE J
On behalf of the Applicants: No appearance (application for leave to appeal filed
by Maweza Nkogatsi Inc Attorneys
c/o Motaung Attorneys)
On behalf of Respondents: No appearance
Judge-Johannes Daffue
From: Ronel Matthysen
Sent: Monday, 25 March 2024 12:18
To: k[...]@gmail.com; e[...]@gmail.com
Subject: FW: Leave to appeal:- 4648/2023 - NS Nakedi v Any further
unlawful occupiers property 23 Thoras Place, Van Blerk Street,
Sterling Small Holding, Bfn FS & 2 others
Importance: High
Dear Gentlemen
I refer to my email of 1 March 2024.
You are aware of the fact that the liquidator has decided not to oppose the
application for leave to appeal. That does not mean that leave to appeal should
be granted automatically.
Daffue J intends to hear the application on any of the following days at 08h30, to
wit 2, 3, 8, 9 or 10 April 2024.
Please confirm urgently before 25 March which of these days will suit you.
If none of these dates suit you, the judge will consider the application in chambers
on 2 April 2024.
Regards
Mrs Ronel Matthysen
Judge Secretary to
(JP DAFFUE, J)
FS High Court, Bloemfontein
Office of the Chief Justice
Tel: (+27)51 492 4601
Cell:0[…]
E-mail: r[…]@judiciary.org.za;
r[…]@outlook.org.za;
From: Jaco Bester <jaco@matsepes.co.za>
Sent: 01 March 202412:14
To: Ronel Matthysen <R[...]@judiciary.org.za>; k[...]@gmail.com; e[...]@gmail.com;
d[...]@yahoo.com; n[...]@gmail.com; g[…]@gmail.com
Subject: RE: Leave to appeal:- 4648/2023 - NS Nakedi v Any further unlawful
occupiers property 23 Thoras Place, Van Blerk Street, Sterling Small Holding, Bfn FS
& 2 others
Importance: High
Good day Ronel,
We refer to the above matter and your e-mail below
Please note the First Respondents will not be opposing the Application for Leave to
Appeal
From: Ronel Matthysen <R[...]@judiciary.org.za>
Sent: Friday, 01 March 2024 11:03
To:Jaco Bester <j[...]@matsepes.co.za>; k[...]@gmail.com; e[...]@gmail.com;
d[...]@yahoo.com; n[...]@gmail.com; g[...]@gmail.com
Subject: Leave to appeal:- 4648/2023 - NS Nakedi v Any further unlawful occupiers
property 23 Thoras Place, Van Blerk Street, Sterling Small Holding, Bfn FS & 2
others
Dear all
I have been instructed by Daffue J to communicate with you about the above
application for leave to appeal. The application shall be set down for hearing on
either 11, 12, 13, 19, 20,22, 26 or 27 March 2024 at 09h00. It is expected that
arguments could be presented within 30 minutes.
The judge will consider hearing the matter virtually on MS-Teams only if the
parties have uninterrupted wifi facilities. If the parties cannot agree on a suitable
date and time slot, the judge will consider the application in chambers on 19
March 2024 in which event the parties will be allowed an opportunity to file
additional heads of argument by not later than 13 March 2024 at 12h00.
If any party has an objection to the suggested procedure to be followed, their written
reasons shall be conveyed to me.
Please acknowledge receipt and revert to me urgently on/or before 7 March 2024.
Kind regards
Mrs Ronel Matthysen
Judge Secretary to
(JP DAFFUE, J)
FS High Court, Bloemfontein
Office of the Chief Justice
Tel: (+27)51 492 4601
Cell:0[…]
E-mail: r[…]@judiciary.org.za;
r[…]@outlook.org.za;
Disclaimer:
The information contained in this communication from r[...]@judiciary.org.za sent at 2024-03-01
11:08:40 is confidential and may be legally privileged. It is intended solely for use by
j[...]@matsepes.co.za and others authorized to receive it. lf you are not
i[...]@matsepes.co.za you are l1ereby notilied that any disclosure, copying, distribution or
taking action in reliance of the contents.
Powered by Afrovation