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IN THE COMPANIES TRIBUNAL OF SOUTH AFRICA
CASE NO: CT02930ADJ2026
In the Ex Parte Application of
Xolile Angel Masango Applicant
Date of Decision: 31
st August 2026
DECISION
INTRODUCTION
1. The Applicant is. Xolile Angel Masango an adult female South African
with identity number XXXXXXXXXX084
2. This is an application in terms of R egulation 7 (3) (a) of the
Companies Act for substituted service.
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APPLICANT’S SUBMISSIONS
3. On 14th July 2026 the Applicant attempted to serve the Founding
Application on Nhlakanipho Clinton Khuzwayo at the address . The Sherrif
indicated that on serving the papers it was unable to locate the address.
4. The Applicant requests an order of substituted service by way of an
email, WhatsApp or through social media.
APPLICABLE LAW
5. Regulation 142(2) requires that a copy of the application and affidavit
be served on each Respondent. Where a Respondent fails to answer
Regulation 153 allows the Tribunal to grant a default order if the initiating
document was “adequately served”
6. Annexure 3 to the regulations sets out the accepted methods of
delivery of documents.
7. Regulation 7(3)(a) deals with situations where the Applicant is unable
to serve the Respondent in a manner provided for in the Act. Regulation 7 (3)
(a) reads as follows: ‘’ (3) If, in a particular matter, it proves impossible to deliver a
document in a manner provided for in the Act or these Regulations – (a) If any person other
than the Tribunal is required to deliver the document, the person may apply to either the
Tribunal or the High Court for an order of substituted service;’’
EVALUATION AND FINDINGS
8. Since Nhlakanipho Clinton Khuzwayo address cannot be found this
makes it impossible for the Applicant to serve the Application and affidavit to
the address.
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9. Since service is made impossible it is believed that the Applicant
should be permitted to make substituted service as requested by the
Applicant.
ORDER
10. The relief sought by the Applicant is granted.
11. The Applicant is authorized in terms of regulation 7(3)(a) to serve the
initiating application, affidavit, annexures and this order on
Nhlakanipho Clinton Khuzwayo on any of the following methods.
i. by transmission of the documents to Nhlakanipho Clinton
Khuzwayo email address, watsap or social media where
the respondent is active.
ii. The respondent must within twenty (20) business
days from the date of service, file default application in
terms of regulation 145
MOHAMED ALLI CHICKTAY
MEMBER OF THE COMPANIES TRIBUNAL