TA014747
NOTICE IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF MPUMALANGA HELD AT MBOMBELA
CASE NUMBER:
MRCD17/2017
In the matter:
NOMALANGA MOTHA
ID NO: 700715 0560 082
– APPLICANT
And
CALVIN MOTHA
ID NO: 631212 5578 081
– 1ST RESPONDENT
SANLAM NELSPRUIT CENTRAL
– 2ND RESPONDENT
NOTICE OF MOTION
KINDLY TAKE NOTICE that the Applicant will make an application to the above Honourable court on the
14 AUGUST 2024 at the 09:00 or soon thereafter as the matter may be heard for an order in terms of Rule 42 of the Rules of this court for an order in the following terms;
1. That paragraph 3 and 4 of the order made on the 24 February 2020 is hereby set aside and replaced with the following;
a) It is ordered that the Plaintiff`s pension interest held at Sanlam Umbrella Provident Fund be endorsed with reference number: 73121465 by the adminstrators of the fund to the effect that the court has ordered a division of the joint estate between the parties and that such endorsement reflect that the Defendant is entitled to a 50% share of the Plaintiff`s pension interest.
b) That Sanlam Umbrella Provident Fund be ordered to pay to the Defendant 50% pension interest of Plaintiff`s pension interest within 60 days of receipt of written notification from the Defendant of how the amount must be dealt with in accordance with the Defendants selection.
1.) No order to costs
2.) Further and/or alternative relief.
TAKE FURTHER NOTICE that should you with to oppose this application you may do so by filling notice of your intention to do so within 10 days of receipt of this notice of motion after which you must file your answering affidavit within 15 days (fifteen days) of your notice to oppose.
TAKE FURTHER NOTICE that the affidavit of Mrs. Nomalanga Motha will be used in support of this application.
TAKE FURTHER NOTICE that the Applicant has appointed Nkhwashu Magagula Attorneys with address below as her attorneys of record at which all pleadings and notices may be served.
THUS DATED AND SIGNED AT MBOMBELA ON THE 27TH DAY OF MAY 2024.
NKHWASHU MAGAGULA ATTORNEYS
ATTORNEYS FOR THE APPLICANT
OFFICE NO: 7, 1ST FLOOR COOPER BUILDING
NO: 40 BESTER STREET
MBOMBELA, 1200
P.O BOX 9474, BARBERTON, 1300
CONTACT: 079-232-3834/083-319-6207
FAX: 086- 663- 4610
EMAIL: NMattorneys@webmail.co.za
REF: NMA/5/23/MAG
TO: REGISTRAR OF THE COURT
AND TO: MR CALVIN MOTHA
STAND NO: 013997
(KA NKOSI)
LEHAWU, PIENAAR
NEXT TO GREEN HOUSE
LIHAWU MAIN ROAD
MBOMBELA
AND TO: SANLAM NELSPRUIT CENTRAL
26 SAMORA MACHEL DRIVE
MBOMBELA
1200
Reference Number: TA014747
