REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
LIMPOPO LOCAL DIVISION, THOHOYANDOU
· .. CASE NO: 659/2015
(1)
(2)
(3)
REPORTABLE: NO
OF INTEREST TO THE JUDGES: NO
REVISED: YES
DATE.0.'1 /q,_p.,>lt. SIGNATURE ...................... .
In the matter between:
THULAMELA LOCAL MUNICIPALITY
and
MOPICON D11 JOINT VENTURE
Heard: 05, 16 and 22 May and 03 and 17 June 2025.
APPLICANT
RESPONDENT
Delivered on: This variation judgment was handed down electronically by circulation to the
parties' legal representatives by email, and release to SAFLII. The date for
hand down is deemed to be 09 February 2026 at 1 0h00 in the morning.
VARIATION JUDGMENT
MATUMBA,AJ
[1] This variation order is made in terms of Rule 42(1 ){b) of the Uniform Rules of Court,
relating to the judgment I handed down on 23 September 2025 (the "main judgment"). The
main judgment ordered the Defendant, Thulamela Local Municipality, to pay the Plaintiff,
Mopicon D11 Joint Venture, an amount of R 1,986,999.90, plus 9% interest and costs (on
the scale B) for additional construction work performed by the Respondent at Makhuvha
Sports Facility.
[2] It has come to my attention that the main judgment does not bear the correct trial
dates, recording that the trial was heard on 08, 16 May and 03 June 2025. This
discrepancy arises from the court's reliance on dates inscribed on the court file, which were
faded and barely visible due to repeated handling, wear, and tear.
[3] Upon verification against other court records, I have learned that the correct trial
hearing dates are 05 May 2025, 16 May 2025, 22 May 2025, 03 June 2025, and 17 June
2025.
[4] Given the foregoing, the erroneous trial dates in the main judgment should be varied
mero motu, in terms of Rule 42(1 ){b) of the Uniform Rules of Court, to reflect the correct
dates. The variation should replace the incorrect dates with verified correct dates, ensuring
consistency across all records, without altering the substantive merits of the judgment; but
merely rectifying clerical and record-keeping discrepancies.
I, in the result, make the following order:
Order~
1. The trial dates in the main judgment and order are hereby varied, and it is hereby
ordered that the trial was held on 05 May 2025, 16 May 2025, 22 May 2025, 03 June
2025, and 17 June 2025.
Appearances:
For the Plaintiff
For the Defendant
Email:
Email:
Mr. N Bosman
Matumba
Acting Judge
High Court of South Africa
Limpopo Local Division
Thohoyandou
Bosman Attorneys
Polokwane
admin@bosmanattorneys.com
Adv Maphwanya
Madima Attorneys
Thohoyandou
info@madimainc.co .za
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