THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
JUDGMENT

Reportable
Case no: 1270 /2023


In the matter between:
THE SHERIFF OF THE HIGH COURT:
GIYANI (S IDNEY HERBERT PARK,
An Officer of the Court) APPELLANT

and

RENKY THULANI MAKHUBELE RESPONDENT

Neutral citation: The Sheriff of The High Court: Giyani (Sydney Herbert Park,
An Officer of the Court) v Renky Thulani Makhubele
(1270/2023) [2025] ZASCA 104 (15 July 2025)
Coram: NICHOLLS JA and SALDULKER and NORMAN AJJA
Judgments: Norman AJA ( minority): [1] to [54]
Nicholls JA and Saldulker AJA (majority): [55] to [77]
Heard: 19 May 2025
Delivered: This judgment was handed down electronically by circulation to the
parties’ representatives by email, publication on the Supreme Court of Appeal
website and released to SAFLII. The date and time for hand -down of the judgment
is deemed to be 11h00 on 15 July 2025.

2

Summary: Civil procedure – whether appellant acted mala fide in contempt
proceedings by not comply ing with the court order issued by the high court – clear
intention to petition the President of this Court – whether appellant was in
contempt where the period of one month to deliver petition as prescribed in
s 17(2)(b) of the Superior Courts Act 10 of 2013 had not expired – whether
high court correctly found the appellant in contempt of its order – whether
contempt of court has been established beyond a reasonable doubt .
3

_________________________________________________________________

ORDER
_________________________________________________________________
On appeal from: Limpopo Division of the High Court, Thohoyandou
(Tshidada J, sitting as court of first instance):
1 The appeal is upheld with costs.
2 The order of the high court is set aside and replaced with the following:
‘The application for contempt of court is dismissed with costs.’
_________________________________________________________________

JUDGMENT

___________________________________________________________________________________________
Norman AJA:

[1] The appellant is before us having been granted leave to appeal by the
high court. The appeal lies against a contempt of court judgment and order of
Tshidada J, Limpopo Division granted in favour of Mr Renky Thulani Makhubele
(the respondent ) on 24 Oct ober 2023. The appellant is Mr Sydney Herbert Park,
the sheriff of the high court in Giyani. He was declared to be in contempt of the
order issued on 26 July 2023 (the July order). He was further ordered to pay a fine
in the amount of R50 000 which was wholly suspended on condition that the
appellant does not commit a similar offence within a period of two years during
the period of suspension. He was also ordered to pay costs of the application. The
contempt of court order was occasioned b y the appellant’s non -compliance with
the July order.

[2] In terms of the July order the appellant was directed to release and pay into
the trust account of the respondent’s legal representatives, forthwith , the withheld
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proceeds in the sum of R219 541.41 (the funds) realised from a sale in execution
at a public auction conducted on 6 July 2023 , within 48 hours of service of the
order; that the storage fees/costs imposed over the respondent’s judgment debt are
declared unlawful and invalid; that the appellant’s conduct in failing to carry out
its constitutional mandate in terms of the respondent ’s warrant of execution is
declared unlawful; and directed the appellant to pay costs of the application
including costs of two counsel on the high court scale. On the same day of the
granting of the July order the appellant filed an application for leave to appeal
against it.

[3] Pursuant thereto the respondent applied on an urgent basis in terms of
s 18(3) of the Superior Courts Act 10 of 2013 (the Act) seeking the operation and
execution of the July order.1 That application was heard on 8 August 2023. It was
neither granted nor dismissed but in its stead the high court granted a n interim
preservation order in relation to the funds (the preservation order) . Briefly, the
preservation order reiterated the order for the transfer of funds within 48 hours as
ordered in the July order. The high court further directed the respondent’s legal
representatives to create an interest -bearing account for investing the amount and
not to dissipate or dispose the funds unless ordered to do so by the court. The

1 Section 18 of the Superior Courts Act 10 of 2013 provides:
Suspension of decision pending appeal
‘(1) Subject to subsection (2) and (3), and unless the court under exceptional circumstances orders otherwise, the
operation and execution of a decision which is the subject of an application for leave to appeal or of an appeal, is
suspended pending the decision of the application or appeal .
(2) Subject to subsection (3), unless the court under exceptional circumstances orders otherwise, the operation and
execution of a decision that is an interlocutory order not having effect of a final judgment, which is the subject of
an application for leave to appeal or of an appe al, is not suspended pending the decision of the application or appeal.
(3) A court may only order otherwise as contemplated in subsection (1) or (2) , if the party who applied to the court
to order otherwise, in addition proves on a balance of probabilities that he or she will suffer irreparable harm if the
court does not so order and that the other party will not suffer irreparable harm if the court so orders.
(4) If a court orders otherwise, as contemplated in subsection ( 1) –
(i) the court must immediately record its reasons for doing so;
(ii) the aggrieved party has an automatic right of appeal to the next higher court;
(iii) the court hearing such an appeal must deal with it as a matter of extreme urgency; and
(iv) such order will be automatically suspended, pending the outcome of such appeal.
(5) For the purposes of subsections (1) and (2), a decision becomes the subject of an application for leave to appeal
or of an appeal, as soon as an application for leave to appeal or a notice of appeal is lodged with the registrar in
terms of the rules. ’
5

appellant was ordered to pay the costs of the application. Some three days later the
appellant filed a notice entitled ‘ Notice of Appeal in terms of s 18(4)(ii) of the
Supreme Courts Act, 10 of 2013 ’. The appellant submitted before us that th e
preservation order is not relevant for the purposes of this appeal. Nothing more
will be said about it .

[4] The application for leave to appeal the July order was heard on
5 September 2023 and was dismissed with costs. On the same day the
respondent’s legal representatives advised the appellant’s legal representatives
that with the dismissal of the application for leave to appeal , the appellant was
obliged to transfer the funds within 48 hours, failing which the appellant would be
in contempt of court. I now turn to refer to the correspondence, where necessary,
for context.

[5] On 6 September 2023, the appellant’s legal representatives responded as
follows:
‘Dear Sirs
THE SHERIFF OF THE HIGH COURT / R T MAKHUBELE
We refer to the abovementioned matter as well as your letter dated 5 September 2023.
We are fully aware of the court order which we obviously expected.
We confirm that we hold instructions to petition the Judge President as we maintain that the
result and outcome of these judgments and the specific interpretation of the law has far reaching
consequences for not only our client but the sheriffs of court in general.
We shall instruct our correspondent to draft the petition and file the same with the Judge
President as a matter of urgency. We are however unable to comply with your demand to
respond within 48 hours from the court order dated 5 September 2023.
We are also not in agreement with your interpretation that our client has to transfer the funds to
your client within 48 hours from the aforementioned order.
We therefore request you to advise your client that our client will not transfer the funds pending
the final outcome of this matter. We furthermore herewith undertake to file the petition as soon
6

as our correspondent is in a position to do so as he is currently involved in other matters which
render it impossible to comply within 48 hours.
Your counsel mentioned to our correspondent Mr J P Morton that he intends to advise your
client to proceed with an application for contempt of court should our client fail to transfer the
funds as per your demand.
Please be advised that such an approach will be vexatious and malicious, and we shall request
the court to award a cost order de bonis propriis against your firm should you proceed with such
conduct. ’2 (Emphasis added .)

[6] On 7 September 2023, the respondent’s legal representatives responded by,
among others, calling upon the appellant to comply with the July order ; referred
to the appellant’s failure to file urgent papers as required in petitioning the
President of this Court to avoid contempt of court and made reference to the
provisions of s 18(4)(ii) of the Act . They further stated:
‘[I]n the absence of your client’s duly stamped, served, and filed petition to the President of the
Supreme Court of Appeal or proof of payment or transfer of our client’s proceeds or funds by
15:42 pm (in the afternoon), today, the 7 th day of September 2023, in line with the order of
Tshidada J, that funds be transferred within 48 hours, which court order was only suspended by
your client’s application for leave to appeal which has since been dismissed with costs, we shall
deliver our u rgent application fo r civil contempt of court and pray for costs on a punitive scale. ’

[7] On the same day, the appellant’s legal representatives responded and
restated, among others, that Mr Morton who was drafting the petition had other
commitments and would finalise the petition by 8 September 2023. They also
stated:
‘You are therefore well aware that our client will exercise its rights in this regard. We reiterate
that our client will therefore not transfer the funds as the petition will inevitably suspend the
further implementation of the court order. We consider your demand uncollegial and
unreasonable considering the fact that we also have commitments towards other clients and
courts of law .’ (Emphasis added .)
…

2 Emphasis added.
7

It is therefore abundantly clear that our client has no intention whatsoever to deliberately ignore
the court order .3 You should also be well aware of the principles laid down in Fakie NO vs CCII
Systems ( Pty ) Ltd 2006 (4) SA 326 SCA where the court found that:
“The test for when the disobedience of a civil order constitutes contempt has come to be stated
as whether the breach was committed deliberately and mala fide. A deliberate disregard is not
enough”.’ (Emphasis in the original .)

[8] On 8 September 2023, the respondent’s legal representatives brought the
contempt of court application. On the same day, the appellant’s legal
representatives indicated that they needed a copy of the order dismissing the
application for leave to appeal to attach to the petition and had instructed the
transcriber to transcribe the judgment. They further state d for the first time that:
‘We reiterate that in terms of section 17(2)(b) of the Superior Courts Act, the Sheriff of Giyani
has one month after judgment to file and issue his Application for Leave to Appeal.’

[9] On 15 September 2023, the appellant opposed the application and
simultaneously delivered a counter -application seeking a stay of execution of both
the July order and the preservation order pending a petition to the President of this
Court.

[10] The appellant did not depose to the answering affidavit but authori sed the
office manager , Ms Brenda Nel (Ms Nel) , to do so and to oppose the application.
He filed an affidavit confirming all the facts deposed to by Ms Nel. The appellant
in his answering affidavit and affidavit in support of the counter -application ,
raised certain points in limine such as lack of urgency. On the merits the defence s
raised w ere: that on 8 September 2023 it was communicated to the respondent that
the appellant had one month after judgment refusing leave to appeal in terms of
s 17(2) (b) of the Act to petition the President of this Court; that the implementation
of the July order would be in contradiction to the preservation order; the funds that

3 Emphasis added .
8

are the subject of the orders issued by the high court were held in trust pending
finali sation of all disputes between the parties; it was disputed that a litigant who
intends to exercise its right to appeal and the dies for filing the appeal had not yet
lapsed, can be said to be mala fide or wilful in not complying with a court order .
The delay in lodging the petition was caused by the fact that the order issued on
5 September 2023 had not been transcribed and that affected the appellant’s ability
to file its petition timeously. The appellant contended that he cannot be forced to
comply with an order that might be overturned. It was d isputed that the appellant
was in contempt.

High court findings
[11] The high court found that the appellant deliberately defied the court order
simply on the basis of a petition that was yet to be delivered; there was no merit
or justification why the respondent should not be held in contempt of the court’s
order on the fa cts and in terms of the law; the approach of the respondent was
condescending; the respondent’s conduct was clearly contemptuous blended with
mala fides; that the court must show its displeasure at the total disregard and
disobedience of the court process, court orders and the rule of law as demonstrated
by the respondent.

In this Court
[12] The appellant made the following submissions: that he could not be
regarded as having been mala fide when he did not comply with a court order in
circumstances where he made it clear that he intended to challenge the order and
was still within the prescribed time period of a month for lodging a petition. A
party cannot be compelled to deliver their appli cation for leave to appeal within
short periods than those prescribed in the Act simply because a court order requires
shorter periods. The high court erred in that the application before it did not seek
9

enforcement of the order but it sought imprisonment of the sheriff. That, it was
argued, was intended to punish the appellant.

[13] The jurisdictional factor of non -compliance was not met, and the order
should not have been granted. The respondent had a choice : he could have
executed on the order instead of bringing contempt of court proceedings. The
appellant sought an order upholding the appeal with costs. He relied on Fakie4 for
his contention that he was not mala fide in not complying with the order.

[14] The respondent submitted that this Court must determine whether the court
a quo correctly found that the sheriff was in contempt. After the application for
leave to appeal was dismissed the appellant was obliged to comply with the order
as there was no legal impediment barring compliance. The fact that the appellant
conveyed his inten tion to appeal does not render the order unenforceable. The
intention does not suspend the execution of the order.

[15] Furthermore the respondent contended that t he appellant should have
brought an application in terms of Rule 45A if he intended to suspend the
operation of the order. The mental state should not be used to defy court orders.
The appellant was ordered to comply with the order within 48 hours, he failed to
do so. In this regard reliance was placed on Samanc or Chrome Limited v Bila Civil
Contractors (Pty) Ltd .5 The appellant deliberately stated that they were not going
to comply with the order. At the time the contempt of court application was
launched the appellant had not filed the petition. The appellant received the July
order but demonstrated disrespect tow ards the order of court . He displayed a clear
intention not to comply with the order . Furthermore he failed to display factual

4 Fakie NO v CCII Systems (Pty) Ltd [2006] ZASCA 52; 2006 (4) SA 326 (SCA) (Fakie ).
5 Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd (159/2021 ) [2022] ZASCA 154 (7 November 2022)
(Samancor ) para 60 .
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inability to comply with the order and thus failed to discharge the evidentiary
burden in creating a reasonable doubt as to the wilfulness and mala fides of his
default to perform in terms of the order . Thus his intention cannot be used as a
legal basis to disregard a lawful court order and that the high court correctly found
that his conduct was wilful and mala fides. The appeal should be dismissed with
costs of two counsel.

Issues
[16] First, whether or not in civil contempt proceedings, a person can be found
to be mala fide by not complying with a court order when he or she intends to
appeal against the said order and the prescribed period to petition this Court has
not yet expired. Second, whether in those circumstances a punitive contempt of
court application can be brought. Third, whether the high court correctly found
that the appellant was in contempt of the July order.

Discussion
Whether appellant acted mala fide in contempt proceedings by not complying
with the court order and had expressed a clear intention to appeal it?
[17] The starting point is to appreciate that court orders stand in the league of
their own. They rank above the status of the parties. They command compliance.
In the Oxford English D ictionary , a court order is defined as ‘an instruction or
decision made by a court regarding what must or must not happen in a particular
legal situation. It is a legally binding directive that requires compliance ’.

[18] The foundational existence of all court orders is to be found in the
Constitution. S ection 165(1) and (5) of the Constitution provide:
‘Judicial authority
(1) The judicial authority of the Republic is vested in the courts.
…
11

(5) An order or decision issued by a court binds all persons to whom and organs of state to which
it applies. ’

[19] What s 165(5) conveys to everyone is that a court order issued against a
person binds that person. It is legally enforceable and must be obeyed or carried
out by that person. It is common ground that only one person was ordered to carry
out the July order and tha t is the appellant, who is the sheriff ,6 an officer of the
court.

[20] In Secretary of the Judicial Commission of Inquiry into Allegations of State
Capture, Corruption and Fraud in the Public Sector including Organs of State v
Zuma and Others ,7 the Constitutional Court stated:
‘It is indeed the lofty and lonely work of the Judiciary, impervious to public commentary and
political rhetoric, to uphold, protect and apply the Constitution and the law at any and all
costs. The corollary duty borne by all members of South African societ y – lawyers, laypeople
and politicians alike – is to respect and abide by the law, and court orders issued in terms of it,
because unlike other arms of State, courts rely solely on the trust and confidence of the people
to carry out their constitutionally -mandated function. ’

[21] The Legislature was quite alive to the issue raised herein and made adequate
provision for its eventuality. I say so for these reasons . First, urgent orders are part
of our daily lives, hence the existence of Rule 6, and in particular, Rule 6(12) in
the Uniform Rules of Court.8 The high court had found that the matter was urgent

6 Rule 1 of the Uniform Rules of Court provides: ‘sheriff’ means a person appointed in terms of section 2 of the
Sheriffs ’ Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 and section 6 of that
Act as an acting sheriff and a deputy sheriff, and a person designated to serve process in terms of section 6A of the
said Act.
7 Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the
Public Sector including Organs of State v Zuma and Others [2021] ZACC 18 ; 2021 (9) BCLR 992 (CC); 2021 (5)
SA 327 (CC) (Secretary , Judicial Commission of Inquiry ) para 1.
8 Rule 6(12) provides:
‘(12) (a) In urgent applications the court or a judge may dispense with the forms and service provided for in these
rules and may dispose of such matter at such time and place and in such manner and in accordance with such
procedure (which shall as far as practicab le be in terms of these rules) as it deems fit.
12

and granted an order that required compliance on an urgent basis. If one were to
adopt the attitude of the appellant, no urgent order s would be complied with
because every person who is ordered to comply with the order on an urgent basis
would leisurely await the one-month period. That would render urgent orders
obsolete.

[22] Section 17 (2)(b) provides:
‘Leave to appeal
Leave to appeal may only be given where the judge or judges concerned are of the opinion that -
(2)(a) …
(b) If leave to appeal in terms of paragraph (a) is refused, it may be granted by the Supreme
Court of Appeal on application filed with the registrar of that court within one month after such
refusal, or such longer period as may on good cause be allowed, and the Supreme Court of
Appeal may vary any order as to costs made by the judge or judges concerned in refusing
leave. ’(Emphasis added. )

[23] The period of filing of a petition ‘within one month’ does not mean that a
petition cannot be filed prior to the expiry of one month. To avoid any confusion,
the Legislature made it clear in s 18(5) of the Act that:
‘(5) For the purposes of sub sections (1) and (2), a decision becomes the subject of an application
for leave to appeal or of an appeal, as soon as an application for leave to appeal or a notice of
appeal is lodged with the registrar in terms of the rules. ’

[24] Section 18(5) makes it clear that a decision becomes the subject of an appeal
or application for leave to appeal, as soon as an application for leave to appeal or
a notice of appeal is lodged with the registrar in terms of the rules . Absent an

(b) In every affidavit filed in support of any application under paragraph (a) of this subrule, the applicant shall set
forth explicitly the circumstances which it is averred render the matter urgent and the reasons why the applicant
claims that applicant could not be afforded substantial redress at a hearing in due course.
(c) A person against whom an order was granted in such person’s absence in an urgent application may by notice
set down the matter for reconsideration of the order. ’
13

application for leave to appeal lodged with the registrar, the order is operative and
must be complied with.

[25] The appellant conveyed his intention in relation to the order that he was
going to petition this Court. He was, at all relevant times aware and alive to the
fact that the order was not suspended but operational. This was also confirmed in
argument before u s.

[26] After the dismissal of the application for leave to appeal , the respondent’s
legal representatives cautioned the appellant that he would be in contempt of the
July order if he failed to comply therewith. The appellant failed to heed that
caution. When the appellant brought a counter -application to stay the July order
and the preservation order, that was an acknowledgement that the operation of the
order was not going to cease until a court order was obtained to stay or suspend it.
Despite that knowledge the appellant continued to refuse deliberately and wilfully
to comply with the order.

[27] If the belief that, the appellant had 30 days to file the petition even though
the order was operative, was bona fide, then why was it necessary for him to apply
for the stay or suspension of the operation of the order? The appellant applied for
the stay of the order because he was aware that by not complying with an operative
order, he was acting in contempt of the court order. It follows that the period of
one month that was available to him for petitioning this Court, in circumstances
where he had to com ply with an urgent order that was granted in urgent
circumstances , does not constitute a valid cause to escape liability for contempt.
He conveyed his stance that he was not going to transfer the money more than
once.

14

[28] In Devadhasen v Devadhasen ,9 the Court found that ‘[a]s I suggested during
argument every wilful non -compliance with any order or decree of the Court is in
a sense a contempt ’. This position changed because the standard for proving
contempt was the criminal one of ‘proof beyond reasonable doubt’, and consistent
with the constitutional imperatives, a person alleging contempt had to show that
the deliberate refusal was wilful and mala fide.10

[29] This was a sheriff who is designated to serve process on the members of the
public and juristic persons on behalf of the court as envisaged in Rule 4 of the
Uniform Rules and s 6 of the Sheriffs Act 90 of 1986.11 It was not contended on
behalf of the appellant that the existence of the ‘one month’ period within which
a petition was to be delivered to the registrar of this Court, automatically
suspended the operation of the order. Instead, he understood and as correctly
submitted before us that after the dismissal of the application for leave to appeal ,
the operation of the order was not suspended. He never tendered compliance with
the order and in fact deliberately refused to comply therewith .

[30] On these facts, I am of the view that t he jurisdictional facts to be proved in
a contempt of court application existed. They are that: there was an order lawfully
issued by a court of law against the appellant; the appellant had knowledge of the
order; and he failed to comply with it ; and wilfulness and mala fides had to be
proved . The onus that rested on the respondent to prove all these requiremen ts
beyond a reasonable doubt was discharged. The appellant, on the other hand, bore
the evidential burden in relation to wilfulness and mala fides once the respondent

9 Devadhasen v Devadhasen 1905 N .L.R at 205.
10 Fakie fn 4 above para 12. Emphasis added.
11 Section 6 of the Sheriffs Act pro vides:
(1) Any sheriff or acting sheriff may with the approval of the Board and on such conditions as the Board may
determine appoint one or more deputy sheriffs, for whom he shall be responsible.
(2) A deputy sheriff may, subject to the directions of the sheriff or acting sheriff appointing him, perform the
functions of any such sheriff or acting sheriff.
(3) Any sheriff or acting sheriff may appoint such other persons in his employ as he may consider necessary.
15

had established the existence of the order, service or notice and non -compliance .
The appellant failed to provide evidence to establish reasonable doubt as to
whether non -compliance was wilful and mala fide . In the circumstances, i t follows
that contempt of the court order was established beyond a reasonable doubt .12

[31] On the one hand the appellant steadfastly reiterated his stance that he will
not transfer the funds as directed by the court whilst indicating that he will petition
this Court. Although advised and referred to the relevant provisions of the Act ,
such as s 18(3) ,13 he persisted in his attitude refusing to comply with the order in
circumstances where he was not taking action to apply for the suspension of the
order or delivering an urgent petition. The transfer of funds is at the heart of the
July order. A refusal to transfer , although it may appear to be directed at the
respondent , was actually directed at the court. Therein lies the malice.

[32] His constant reiteration that he intended to lodge a petition did not excuse
his conduct of refusing to comply with the court order because he knew that the
operation of the order could only be suspended by another court order. That he
deliberately and wilfully disregarded. In my view, contempt of court was
established beyond a reasonable doubt.

[33] In Fakie ,14 this Court stated:
‘Given our very different constitutional setting, the approach of the English, Australian and
Canadian courts seems convincing to me. As they have found, there is no true dichotomy
between proceedings in the public interest and proceedings in the interest o f the individual,
because even where the individual acts merely to secure compliance, the proceedings have an
inevitable public dimension – to vindicate judicial authority. Kirk -Cohen J put it thus on behalf

12 Fakie fn 4 above para 42 .
13 Section 18(3) of the Act provides:
‘(3) A court may only order otherwise as contemplated in subsection (1) or (2), if the party who applied to the court
to order otherwise, in addition proves on a balance of probabilities that he or she will suffer irreparable harm if the
court does not so o rder and that the other party will not suffer irreparable harm if the court so orders. ’
14 Fakie fn 4 above para 38 .
16

of the full court, “Contempt of court is not an issue inter partes ; it is an issue between the court
and the party who has not complied with a mandatory order of court ”.’ (Emphasis added ;
footnotes omitted .)

Whether in those circumstances a punitive contempt of court application can be
brought?
[34] In Pheko and Others v Ekurhuleni Metropolitan Municipality (No 2) (Pheko
II),15 the Constitutional Court set out the purpose of contempt of court proceedings
thus:
‘The object of contempt proceedings is to impose a penalty that will vindicate the court’s
honour, consequent upon the disregard of its previous order, as well as to compel performance
in accordance with the previous order. ’

[35] Where a party is of the view that it will not be able to comply with a court
order for valid reasons, it must go back to the court that issued the order and seek,
among others, an order suspending the operation of that court’s order. This is so
because in Pheko II , it was found that a court that grants an order retains
jurisdiction to ensure its compliance and thereby to vindicate its authority. The
party seeking the suspension of the order would have advanced exceptional
circumstances upon which its request is based and if satisfied the court would grant
the order sought. The Act makes provision for that in s 18( 1) to s 18(4) .16

[36] The Uniform Rules of Court also cater for that situation in Rule 45 A.17
Needless to say, where the order commands compliance on an urgent basis the

15 Pheko and Others v Ekurhuleni Metropolitan Municipality (No 2) [2015] ZACC 10 ; 2015 (5) SA 600 (CC); 2015
(6) BCLR 711 (CC) ( Pheko II ) para 28.
16 Section 18(4) provides:
‘(4) If a court orders otherwise, as contemplated in subsection (1)-
(i) the court must immediately record its reasons for doing so;
(ii) the aggrieved party has an automatic right of appeal to the next highest court;
(iii) the court hearing such an appeal must deal with it as a matter of extreme urgency; and
(iv) such order will be automatically suspended, pending the outcome of such appeal. ’
17 Rule 45A provides: ‘The court may, on application, suspend the operation and execution of any order for such
period as it may deem fit: Provided that in the case of appeal, such suspension is in compliance with section 18 of
the Act. ’
17

suspension proceedings must be brought on an urgent basis as well. Th e scheme
of the Act was designed to cater for situations where a party against whom an
order has been issued encounters difficulties in complying therewith. There is
accordingly no lacuna as suggested by the appellant.

[37] There is no room for a party not to comply with an order and simply take
its time because it has 30 days within which to petition this Court. That attitude is
aggravated by the fact that the appellant herein repeatedly, through its legal
representatives and in the answering affidavit , displayed knowledge that it had to
comply with the order but would not do so. The appellant was resolute in his
refusal to transfer the funds and that demonstrated a marked disregard for the
authority of the court. An applicat ion to compel compliance would be to no avail ,
instead it would inevitably result in further acts of defiance and contempt .18 The
respondent was well within his rights to bring a contempt of court application .

Was the high court correct in its finding that the non -compliance was deliberate
and mala fide?
[38] The issue is whether the appellant was deliberate and mala fide in his refusal
to comply with the July order. The high court found that he was.

[39] In Fakie , this Court found:
‘3. In particular, the applicant must prove the requisites of contempt (the order; service or notice;
non-compliance; and wilfulness and mala fides) beyond reasonable doubt.
4. But once the applicant has proved the order, service or notice, and non -compliance, the
respondent bears an evidential burden in relation to wilfulness and mala fides: should the
respondent fail to advance evidence that establishes a reasonable doubt as t o whether non -
compliance was wilful and mala fide, contempt will have been established beyond reasonable
doubt.

18 Secretary , Judicial Commission of Inquiry fn 7 above para 50.
18

5. A declarator and other appropriate remedies remain available to a civil applicant on proof on
a balance of probabilities. ’19

[40] It was submitted that the appellant does not contend that after the dismissal
of the application for leave to appeal the operation of the order was suspended. It
must be accepted therefore that he knew that the order was operational and had to
be complied with. On 5 September 2023, the day of the dismissal of the application
for leave to appeal, the respondent’s legal representatives advised the appellant’s
legal representatives of the consequences of the dismissal. They informed them
that the appellant was liable to comply with the July order failing which he would
be in contempt. In Minister of Finance v Sakeliga NPC (previously known as
Afribusiness NPC) and Others ,20 the Constitutional Court when dealing with the
provisions of s 18(1) of the Act and the suspension of orders stated:
‘Based on this clear statutory position, the operation and execution of the order of the Supreme
Court of Appeal was halted. In practical terms, what happened immediately after that order was
granted was that the countdown on the 12 month period of suspension began. But the countdown
was halted on the 21st day by the lodgment of the application for leave to appeal in this Court.
Because section 18(1) suspends the operation and execution of a judgment “pending the decision
of the application [for leave to app eal] or appeal ”, the countdown resumed after this Court
dismissed the appeal on 16 February 2022. Unsurprisingly, the Minister does realise that this is
how the order ought to be interpreted .’ (Footnotes omitted .)

[41] A statement by the appellant that the transfer of the funds will not be made
pending finali sation of the matter is clear and unambiguous. The fact that the
appellant intends to file a petition is of no moment because that d id not constitute
a valid cause for its deliberate choice not to transfer the money as directed by the
court. Most importantly, the insistence on the refusal even after having been
advised of the consequences thereof was an explicit display of disrespectful, wilful

19 Fakie fn 4 above para 42 .
20 Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others [2022] ZACC 17 ; 2022
(4) SA 401 (CC); 2023 (2) BCLR 171 (CC) para 16.
19

and mala fide intent. In Fakie there was late compliance with an order of court and
that is a distinguishing f eature from this case.

[42] In Samancor this Court held:
‘Be that as it may, for the respondents to labour under the impression that only the intention of
a party, which is effectively the mental state of a party, without any action, could automatically
suspend an order is not only untenable but is far -fetched. Taken to its logical conclusion, it is
no different to a contention that an intention to institute summons without actually doing so
interrupts prescription. ’21
These remarks apply equally herein.

[43] The appellant had been warned by the respondent that if he failed to transfer
the funds as ordered , a contempt of court application would be brought. In
response, his legal representatives stated that such an approach would be vexatious
and malicious, and they would seek an award of costs de bonis propriis against
the respondent’s firm of legal representatives.

[44] What to make of the argument that the respondent had an option to execute
on the order. It is so that the execution on the order was available to the respondent.
He chose the route of enforcement through contempt of court proceedings. In any
event, the availability of that option is not an answer to the contempt of court issue.
In fact , it seeks to condone the flagrant disregard of the relevant court order by the
appellant and puts the party in whose favour the order was granted , on trial , for
failure to ex ecute. That approach is at odds with the purpose for which court orders
are issued and why they should be complied with. The fact that the respondent did
not seek an order directing the appellant to comply with the order is of no moment
because of the explicit refusal to transfer the funds as conveyed by the appellant.

21 Samancor fn 5 above para 60 .
20

In any event, contempt proceedings are intended , as found in Fakie , ‘to enforce
compliance ’.22

[45] I read the majority judgment of my sisters Nicholls JA and Saldulker AJA
and I, with respect, part ways with it for these reasons . In the majority judgment
the following findings are made:
‘The problem was compounded when the high court granted a contempt order in circumstances
where the sheriff had at all times evinced an intention to appeal the July order and when he was
still within the 30 days prescribed by the rules of court to do so . In fact, this Court ultimately
granted leave to appeal to the full bench of the Limpopo Division of the High Court,
Thohoyandou against the July order . The appeal has not yet been heard . Should the sheriff be
successful, then the potential for harm alluded to in Knoop (Execution) would come to pass. ’23

[46] After the dismissal of the application for leave to appeal on
5 September 2023, up to the time when a contempt of court application was
launched and heard, there was no petition pending . According to the order of this
Court granting leave to appeal on petition , there is reference ‘to the application
lodged in this office on 29 September 2023 ’, almost three weeks after the dismissal
of the application for leave to appeal . There is no explanation why there was no
compliance with the court order, which on the appellant’s version, was operational
after the dismissal of the leave to appeal.

[47] Unfortunately, the majority judgment does not, with respect, engage with
the operation of the July order in relation to the period between the dismissal of
the application for leave to appeal and the filing of the petition. The contempt of
court applicatio n was brought and heard before the filing of the petition
(ie 29 September 2023) . There was no compliance with the July order and no
petition pending at that time. The contempt of court order related to that period.

22 Fakie fn 4 above para 15.
23 See below para 66 of this judgment.
21

The fact that the appellant subsequently filed the petition prior to the handing
down of the judgment in the contempt of court application does not cure the
contemptuous conduct, in my view. All it does is to address the execution point
which was not an is sue raised by the appellant before us.

[48] On these facts there was no suspension of the order and its operation could
not be suspended by the appellant’s intention to appeal according to the decision
of this Court in Samancor . In my view, each day when there was no n-compliance
with an operative order by the appellant, was a display of a malicious intention to
disobey the July order.

[49] The majority judgment further found that by not bringing the petition to th is
Court within 48 hours, the sheriff was acting within his rights; the sheriff’s
conduct was not indicative of a contumacious disrespect of the court, rather, the
sheriff was acting within his rights to appeal an order and then petition a higher
court as the law allows; and that the sheriff was not in contempt of court when he
did not transfer the funds in terms of the interim preservation order.

[50] These findings make reference to the interim preservation order which was,
with respect, not the subject of this appeal. The appellant submitted, as stated
above in paragraph 3, that the interim preservation order was not relevant for the
purposes of this appeal. It follows therefore that the execution of the order and the
harm it would cause to the appellant was not an issue which ought to have detained
this Court.

[51] It was also found in the majority judgment that the dies for filing the
application for leave to appeal to this Court had not expired and ultimately the
sheriff successfully petitioned this Court. The difficulty with that approach is that
it, with respect, conflates two issues , namely, the operation of the July order and
22

non-compliance therewith prior to the filing of the petition, on the one hand ; and
the procedural requirements for filing a petition , on the other. First, the time period
of ‘one month ’ for filing of an application for leave to appeal with this Court as
provided for in s 17(2) (b), does not grant a license to the person enjoined to comply
with a court order to ignore it on the basis that such period has not expired. That
period, with respect, does not resolve the issue relating to non-compliance with an
operative order . Second, the period of ‘one month ’ available to the appellant does
not suspend the operation of the order because to accord such power to the ‘one
month period’ would underm ine the express provisions of s 18(1) read with 18(5)
of the Act in relation to suspension of decisions or court orders.

[52] If then the ‘one month’ period does not have the effect of suspending the
operation of the order , what is its value? In my view, its utility is purely procedural
but can never serve as a legitimate excuse for refusal to comply with an operative
court order. The refusal to comply, despite valid deadlines and knowledge, fits
squarely within the ambit of civil contempt.

Conclusion
[53] Taking all the facts into account , I am satisfied that the high court dealt with
the matter that was between it and the appellant as found in Fakie. Had I
commanded the majority , I would have found that the finding of the high court
that the appellant was in contempt was justified. I would have also found that there
is no room for this Court to interfere with th at decision and would have made the
following order:





23

[54] The appeal is dismissed with costs such costs to include costs of two
counsel , where so employed.


________________________
T V NORMAN
ACTING JUDGE OF APPEAL



Nicholls JA and S aldulker AJA ( Dissenting ):

[55] We have read the first judgment of my sister Norman AJA, but respectfully
differ with the findings. While the facts have been lucidly set out in the first
judgment, some of the more important aspects will be briefly emphasised.

[56] The genesis of this appeal is an order granted on 26 July 2023 (referred to
as the July order in the first judgment) against the sheriff, in favour of
Mr Makhubele, ordering the sheriff to pay to Mr Makhubele, within 48 hours, an
amount of approximately R220 000 realised from a sale in execution at a public
auction, together with ancillary relief. The judgment was subject to an application
for leave to appe al by the sheriff, filed the same day. This prompted Mr Makhubele
to bring an urgent application in te rms of Rule 18(3) of the Act seeking the
immediate execution of the order. After hearing the application in terms of s 18(3),
the high court per Tshidada J granted what was referred to as an ‘interim
preservation order’. The effect of this order, dated 8 A ugust 2023, was that the full
amount should be released by the sheriff and paid into the trust account of
Mr Makhubele’s attorneys within 48 hours of the service of the order.

24

[57] The sheriff’s application for leave to appeal the July order was dismissed
on 5 September 2023. The funds were still not paid over by the sheriff. After
48 hours, on 7 September 2023, Mr Makhubele launched the application for
contempt of court, which is the appeal before us. What was sought was a
declaration that the sheriff be found in contempt of the July order, a fine of
R200 000 be imposed, and that the sheriff be imprisoned for 30 days wholly
suspended on the condition that a similar offence was not co mmitted. On
24 October 2023, the high court gave judgment in which it held the sheriff to be
in contempt of court and imposed a fine of R50 000 wholly suspended on
condition that the sheriff did not commit a similar offence within a period of two
years. On 8 November 202 3, the high court granted leave to appeal to this Court.

[58] Since the seminal decision in Fakie ,24 the law in relation to contempt is now
settled. A respondent in such proceedings enjoys the analogous protection of an
accused person. The requisites that an applicant must show are well known: the
existence of an order; service or knowledge of the order; non-compliance with the
order; and wilfulness and malice beyond reasonable doubt. Once the first three
requisites are proved the respondent bears an evidential burden to show a lack of
wilfulness or malice. The test is the criminal standard – beyond reasonable doubt.25
As the Constitutional Court observed what this means is that mala fides and
wilfulness are presumed unless the respondent is able to provide sufficient
evidence to create reasonable doubt as to their existence.26

[59] There is no doubt that complying with court orders is an incident of the rule
of law and is foundational to our constitutional democracy.27 Contempt is the
commission of any act or statement which displays disrespect towards the court.28

24 Fakie fn 4 above .
25 Ibid paras 41 -42.
26 Pheko II fn 14 above para 36.
27 Section 165 of the Constitution.
28 Pheko II fn 14 above para 28.
25

To disobey a court order is a criminal offence, the essence of which is a violation
of the dignity and authority of the court.29 The crime is that of disrespecting the
court, and ultimately the rule of law. It cements the notion that no one is above the
law. As held by the Constitutional Court in Pheko II :
‘. . . Civil contempt is a crime, and if all of the elements of criminal contempt are satisfied, civil
contempt can be prosecuted in criminal proceedings, which characteristically lead to committal.
Committal for civil contempt can, however, also be ordere d in civil proceedings for punitive or
coercive reasons.’30

[60] The Constitutional Court in Pheko II went on to describe the difference
between coercive contempt orders and punitive contempt orders. The former call
for compliance with the original order where the contemnor can avoid the
imposition of a sentence by complying with the coercive order.31 Punitive orders
on the other hand aim to punish the contemnor by imposing a sentence which is
unavoidable.32 In this matter the order sought, and granted although not in the
same terms, was a punitive contempt order.33

[61] It is against this backdrop that the appeal should be considered. The only
question is whether the sheriff has met his evidential burden in respect of
wilfulness and malice – has the mala fides been shown beyond reasonable doubt .

[62] The sheriff at all times evinced an intention to appeal the July order. He first
applied for leave to the high court. When this was not granted on
5 September 2023, the sheriff’s attorneys immediately informed Mr Makhubele’s
attorneys, on 6 September 2023, that they had instructions to petition the
‘Judge President’. They stated that they would be unable to comply with the

29 Ibid para 28; Fakie fn 4 above para 6 .
30 Pheko II fn 14 above para 30.
31 Ibid para 31.
32 Ibid para 31.
33 Ibid para 67.
26

request for payment within 48 hours. What was meant was a petition to the
Supreme Court of Appeal (SCA) as became apparent two days later on
8 September 2023, when the sheriff’s attorneys wrote to Mr Makhubele’s
attorneys to inform them that they would be unable to file a petition to the
President of the SCA without attaching the judgment of Tshidada J of
5 September 2023. It was also pointed out that in terms of s 17(2) (b) of the Act,
the sheriff had one month after judgment in which to file his applicatio n for leave
to petition the SCA. These facts are set out under oath in the answering affidavit.
Mr Makhubele in his replying affidavit does not deal with any of the sheriff’s
averments, other than to state that there is no authority that a litigant’s inten tion to
file a petition to the SCA, suspends the operation of a valid court order.

[63] The manner in which this matter was dealt with by the high court is
regrettable. In the first place it was not open to the high court to grant an ‘interim
preservation order’ under the rubric of a general discretion to grant an alternative
order, when Mr M akhubele launched a s 18(3) application. Section 18(1) of the
Act makes it clear that the operation or execution of a judgment which is the
subject of an application for leave to appeal is automatically suspended pending
the decision of the application. Se ction 18(3) of the Act is a remedy for a party
who seeks the immediate operation of the judgment. Such a party must show
exceptional circumstances, that it will suffer irreparable harm if the execution
order is not granted and, the respondent will not suff er irreparable harm if the
execution order is granted.34

[64] Contrary to what the high court stated, execution orders are appealable in
the interests of justice.35 The reason for this, as stated by this Court in Knoop NO

34 Section 18(3) of the Act provides that, ‘…if the party who applied to the court to order otherwise, in addition
proves on a balance of probabilities that he or she will suffer irreparable harm if the court does not so order and
that the other party will n ot suffer irreparable harm if the court so orders .’
35 Philani -Ma-Afrika and Others v Mailula and Others [2009] ZASCA 115; 2010 (2) SA 573 (SCA); [2010] 1 All
SA 459 (SCA) para 20 . See also Khumalo and Others v Holomisa 2002 (5) SA 401; 2002 (8) BCLR 771 para 8 .
27

v Gupta (Execution) (Knoop (Execution) ),36 is that ‘ [t]he immediate execution of
a court order , when an appeal is pending and the outcome of the case may change
as a result of the appeal, has the potential to cause enormous harm to the party that
is ultimately successful’.37 The Court went on to observe:
‘At common law, unless the court in the exercise of a discretion ordered otherwise, an
application for leave to appeal and an appeal pursuant to leave being granted suspended the
operation of the order. It was not open to the successful party to execute on , or otherwise act
pursuant to, that order. This common -law rule and the power to grant an execution order are
now expressly embodied in s 18(1), read with s 18(3), of the Superior Courts Act 10 of 2013
(the SC Act). The grant of leave to execute is constr ained by the requirements that it may only
be granted if there are exceptional circumstances; if the applicant will suffer irreparable harm if
it is not granted; and if the grant will not cause the respondent to suffer irreparable harm. A
further safeguard against the risk of harm being caused by an execution order is the automatic
right to an urgent appeal given by s 18(4). Pending such an appeal, the statute expressly provides
in s 18(4)(iv) that the operation of the suspension order is itself suspended. This case illustrates
what can go awry when a court attempts to override that statutory provision.’38 (Footnotes
omitted.)

[65] There is no indication that Mr Makhubele set out exceptional circumstances
or what irreparable harm he would suffer if the immediate execution of the order
were not granted. Certainly an ‘interim preservation order’ was not competent
relief in the circumst ances of this case.

[66] The problem was compounded when the high court granted a contempt
order in circumstances where the sheriff had at all times evinced an intention to
appeal the July order and when he was still within the 30 days prescribed by the
rules of court to do so. In fact, this Court ultimately granted leave to appeal on
petition to the full bench of the Limpopo Division of the High Court,

36 Knoop N O and Another v Gupta (Execution) [2020] ZASCA 149; 2021 (3) SA 135 (SCA) ; [2021] 1 All SA 17
(SCA) (Knoop (Execution) ).
37 Ibid para 1.
38 Ibid para 2.
28

Thohoyandou against the July order. The appeal has not yet been heard. Should
the sheriff be successful, then the potential for harm alluded to in Knoop
(Execution) would come to pass.

[67] Notwithstanding the above, the high court held that:
‘With full knowledge of the fact that pursuant to the dismissal of the leave to appeal, it followed
that [the sheriff] had the 48 hours from the date of the dismissal order to comply with the main
order, alternatively timeously file a notice to petition the appellate court, which notice would
have effectively suspended the operation of the main order.

[The sheriff] could also have resorted to launching an urgent application in terms of Rule 45A
of the uniform rules of court to seek a suspension and implementation of the court order granted
against him, if [he] realised that he would not be able to compl y with the order within the time
provided and/or if the intention was to further challenge the court order. ’39

[68] The logical entailment of this judgment is that a petition to the SCA had to
be filed within 48 hours, despite the rules of court indicating otherwise.
Furthermore , Rule 45A is utilised where a party seeks the interim suspension of
the execution of a court order while it applies to vary, rescind or set aside the court
order. It is not necessary, where an application for leave to appeal is pending
because s 18 automatic ally suspends the operation of a court order. This is the
procedural advantage that appeal s have over rescission applications.40 The
high court in Panayiotou v Shoprite Checkers (Pty) Ltd and Others ,41 considered
the interplay between s 18 and s 17(2) (f) and held that an appeal which has not
been pursued within the prescribed 30 days has lapsed and the grant of
condonation is a requirement before a s 18 suspension is afforded.42 Thus, where
the petition to the SCA or the application for leave has been filed out of time, an

39 High court judgment paras 28 -29.
40 Lee v Road Accident Fund [2023] ZAGPJHC 1068; 2024 (1) SA 183 (GJ) (Lee) para 20.
41 Panayiotou v Shoprite Checkers (Pty) Ltd and Others [2015] ZAGPJHC 292; 2016 (3) SA 110 (GJ)
(Panayiotou ).
42 Ibid paras 13-14.
29

application for the condonation of the late filing of the petition does not revive a
petition for the purposes of s 18.43 However, this was not the case in this appeal.
In any event it is not disputed that the dies for filing the application for leave to
appeal to the SCA had not expired and ultimately, the sheriff successfully
petitioned the SCA.

[69] The first judgment found mala fides on the basis that the filing of a petition
within ‘one month’ does not mean that a petition cannot be filed prior to the expiry
of one month. Even if the sheriff could have petitioned the SCA sooner,
notwithstanding his right to take more time, his failure to do so is not a
demonstration of contempt, but rather of adherence to the law, the very opposite
of contempt. By not bringing the petition to the SCA within 48 hours, the sheriff
was acting within his rights.

[70] The first judgment held that the sheriff was aware he was acting in contempt
of the court order but steadfastly refused to transfer the funds even though he had
been advised and referred to the relevant provisions of s 18(3) of the Act. That he
responded to the s 18(3) application by launching a counter -application to stay the
orders of 26 July 2023 and 8 August 2023, the first judgment considered to be
proof beyond reasonable doubt that the sheriff was aware that he was not
complying with an operative orde r, and that he was acting in contempt of the court
order. Likewise, his refrain that he intended to lodge a petition, did not absolve
him as he was well aware that the operation of a court order could only be
suspended by another court. Therefore, Norman A JA found that the sheriff had
deliberately and wilfully disregarded the court order, as a result of which contempt
had been established beyond reasonable doubt.


43 Panayiotou fn 41 above para 13; Lee fn 40 above para 20.

30

[71] Furthermore, the first judgment held that the sheriff ‘refuse[d] deliberately
and wilfully to comply with the order’ because ‘[h]e was, at all relevant times
aware and alive to the fact that the order was not suspended but operational’ until
a notice of ap peal was lodged in terms of s 18(5) of the Act. This loses sight of the
fact that the question is ultimately whether the requirements for contempt have
been met. Given that the threshold is that of criminal intent, it is of little use to
launch into an enq uiry regarding compliance with the requirements of s 18(5) of
the Act.

[72] Finally, it is unclear how s 18(3) could have been of assistance to the sheriff,
as suggested by the first judgment. This provides a remedy to a litigant who seeks
the execution of a decision. It was not required of him to launch a counter
application that the orders of 26 July 2023 and 8 August 2023 be stayed until the
dies for an application for leave to appeal to the SCA had expired. But the fact that
he did so, does not amount to an acknowledgment that he was in contempt of court,
rather that he acted o ut of an abundance of caution.

[73] Contempt of court does not consist of mere disobedience of a court order,
but of the ‘contumacious disrespect for judicial authority.44 Thus it would have to
be proved beyond reasonable doubt that the sheriff, a legal officer, deliberately,
wilfully and maliciously defied the court order. This is not the case here.

[74] These are the relevant facts which mitigate against any finding s of bad faith
and malice. When leave to appeal by the sheriff had been dismissed by the
high court, the attorneys of the sheriff informed Mr Makhubele’s attorneys of their
intention to petition this Court. This was confirmed under oath in the sheriff’s
affidavit in support of its counter application deposed to on 13 September 2023.

44 Pheko II fn 14 above para 42.
31

They had a period of one month after judgment in which to file the application for
leave to appeal to the SCA in terms of s17(2) (b) of the Act, which period had not
yet expired (and, as stated earlier the sheriff did, in fact, petition this Court, which
granted leave to appeal to the full bench ). It was also, correctly, pointed out by the
sheriff that they would not be able to file the petition without the transcribed
judgment of Tshidada J on 5 September 2023, dismissing leave to appeal.

[75] The Sheriff’s conduct is not indicative of a contumacious disrespect of the
court. Rather, the sheriff was acting within his rights to appeal an order and then
to petition a higher court, as the law allows. To act in terms of the law, as the
sheriff was do ing, is evidence of respect for the law, the very opposite of a
contemptuous bad faith disregard for the law. As was stated in Fakie :
‘. . . [ a] deliberate disregard is not enough, since the non -complier may genuinely, albeit
mistakenly, believe him or herself entitled to act in the way claimed to constitute the contempt.
In such a case, good faith avoids the infraction. Even a refusal to comply that is objectively
unreasonable may be bona fide (though unreasonableness could evidence lack of good faith) .’45
(Footnotes omitted.)

[76] In the circumstances we are satisfied that the sheriff was not in contempt of
court when he did not transfer the funds in terms of the July order. Mala fides and
malice have not been shown beyond reasonable doubt.








45 Fakie fn 4 above para 9.
32

[77] In the result , the following order is made:
1 The appeal is upheld with costs.
2 The order of the high court is set aside and replaced with the following:
‘The application for contempt of court is dismissed with costs.’



________________________
C E HEATON NICHOLLS
JUDGE OF APPEAL



________________________
H K SALDULKER
ACTING JUDGE OF APPEAL

33

Appearances

For the appellant: S S Green
Instructed by: Coxwell , Steyn , Vise & Naude Inc . Louis Trichard t
Symington De Kok , Bloemfontein

For the respondents: V Munzhelele (with D E Sigwavhulimu)
Instructed by: Ntsako Phillis Mbhiza Attorneys , Johannesburg
MM Hattingh Attorneys , Bloemfontein.