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IN THE HIGH COURT-e>F ~soUTH AFRICA,
FREE STATE DIVISION, BLOEMFONTEIN
In the matter between:
MALUTI-A-PHOFUNG LOCAL MUNICIPALITY
And
KILL CRIME SECURITY SERVICE (PTY) LTD
FIRST NATIONAL BANK OF SOUTH AFRICA LTD
SHERIFF OF PHUTHADIT JHABA HIGH COURT
AMEDEO ORDER
JUDGMENT BY: MHLAMBI, J
DELIVERED ON: 06 FEBRUARY 2025 Reportable: NO
Of Interest to other Judges: NO
Circulate to Magistrates: NO
CASE NO: 2237/2023
Applicant
1st Respondent
2nd Respondent
3rd Respondent
[1] On 30 January 2025, I granted an order in paragraph 1 which reads as follo~s:
"The default judgment granted by the Registrar of this Court on 15 March 2024 in the amount of
R27 000.00 is rescinded." The amount of R 27 000.00 is a typing error and the
particular paragraph in the order should read as follows:
"The default judgment granted by the Registrar of this Court on 15 March·2024 in the amount of
R27 000 000. 00 is rescinded."
[2] This variation is done in terms of Rule 42(1)(b) of the Uniform Rules of Court.
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[3] The varied order should read as follows:
ORDER:
1. The default judgment granted by the Registrar of this Court on 15 March 2024 in
the amount of R27 000 000.00 is rescinded.
2. The service level agreements :
2.1 entered into and concluded between the Applicant and the First Respondent on
or about 11 August 2020;
2.2. entered into and concluded between the Applicant and the First Respondent on
or about 8 December 2022; and
2.3. the acknowledgment of debt entered into and concluded between the Applicant
and the First Respondent on or about 20 February 2023, are declared
constitutionally invalid.
3. Leave is granted to the Applicant to file and deliver its notice of intention to oppose
the relief applied for by the First Respondent [as Plaintiff] in the matter under case
no. 2237 /2023, within a period of 5 days.
4. The First respondent is ordered to pay costs of this application (Part A and Part
B) on the scale as between party and party (Scale C) including the costs of
employing senior counsel.
On behalf of Applicant: Adv. FW Bates SC
Instructed by: Rossouws Attorneys
119 President Reitz Ave
Westdene
Bloemfontein
On behalf of the Respondent: Adv. LR Bomela
Instructed by: Tshepo Thusi Attorneys Inc
2nd Floor Finbond Building
6 Elizabeth Street
Bloemfontein 3