IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, (MIDDELBURG LOCAL SEAT)
CASE NO: 483/ 2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
15 /06/2025
SIGNATURE DATE
In the matter between :
MSOBO COAL (PTY) LTD APPLICANT
And
JACOBUS HOSEA JORDAAN RESPONDENT
Delivered : This judgment was handed down electronically by circulation to the
parties' legal representatives by email . The date and time for hand -down is
deemed to be at 10:00 on 15 June 2026.
Variation Order
Phahlamohlaka J
[1] Paragraph 1 of my order dated 12 June 2026 reads as follows:
" l. The responden t is directed to furnish security for the app licant's costs in
the form of a suitable ban k guarantee in the sum of R200,000.00 (two hundred
thousand rand) , or such sum as may be dete rmined by the Registrar, w ithin ten
( l 0) days of the determination of the amoun t of security. "
[2] This was an error on my part , w hich I intend to corre ct in term s of rule 42( 1) (b )
of the Uniform Rules of court which provides as follows:
"The court may , in add ition to any other powers it may have, mero motu or upon
app lication of any party affected , rec eived or vary -
.... (b) An order or judgment in which the re is an ambigui ty, or a paten t error or
omission, but on ly to the extent of such ambigu ity, or error, or omission.
[3) in the result I vary paragraph 1 of my order to read as follows:
" l . The responden t is directed to furnish security for the app lican t's costs in the
form of a suitab le bank guarantee in the sum of R200,000.00 (two hund red
thousand rand) w ithin ten ( l 0) days of this order."
V '{f,'---
K 1 Phahlamoh laka
Judge of the High Court
2
3
Appearances
For the applicant: Adv Wilkins SC with Adv Martin
Instructed by: Malan Scholes Inc.
Email: ssingh@malanscholes.co.za
theuns@chriscoetzee.co.za
For the respondent: Adv Nel
Instructed by: Dr T C Botha Ingelyf
Email: litigation@tcbothalaw.co.za
info@awglaw.co.za