Surname: Netshitangane

Full Names: Zwivhuya Sheila

Student number: 20012970

Module: Law of Civil Procedure

Module Code: CIV4141

Letter Of Demand
 NETSHITANGANE & NETSHITANGANE ATTORNEYS

Date: 11th February 2023

Our ref: N 10/02/0223

To: Provincial Commissioner of Police Private Bag X5050

Polokwane 0890

193 Thabo Mbeki street

Polokwane

Tel: (015) 006 7778 Fax(015) 007 7779

And To: Miss Betty

PO Box 456

Thohoyandou

0970

Dear Sir/Madam

THOMAS BALOYI//PROVINCIAL COMMISSIONER OF POLICE – COLLISION

10TH FEBRUARY 2023.

1. We are acting on behalf of Mr. Thomas Baloyi and have instructions to address this
letter to you.
2. Our instructions are that on 10th February 2023 an employee of the SAPS (Miss Betty
Mudau) was driving a Toyota Hilux D4 which is a South African Police Service van,
and she was driving within the course and scope of her employment. Miss Betty Mudau
drove around the roundabout of Thulamela and Phunda Maria streets in Thohoyandou.
She entered the roundabout while speeding and she failed to reduce the speed of her
vehicle timeously.
 3. The result was that VW Polo Vivo,1.4 Fuel Injection automobile which was being
driven by our client was hit from behind which caused a collision.
4. At the time of collision, the Miss Betty was acting in the course and scope of her
employment as a SAPS police officer.
5. The collision occurred solely because of the Miss Betty’s negligent driving in that:
a) She failed to keep a proper lookout.
b) She failed to keep a safe following distance at all reasonable times.
c) She failed to reduce speed on time while entering the roundabout and collided with
rear end of our client’s vehicle.
d) She was driving at an excessive speed.
6. As a result of Miss Betty’s negligence our client sustained damages to his property in
the amount of R45 000 (forty-five thousand rands) as the car needs to be fixed because
the collision caused exhaust system to be moved forward causing damage to the exhaust
manifold, catalyst converter, muffler, engine mounts and “y” pipe that runs the engine.
7. In terms of our instructions, we hereby claim the amount of R45 000 (forty-five
thousand rands) from the you. You are also in terms of section 56 of the Magistrates
Courts Act liable for the costs of this letter of demand in the amount of R29.00.
8. Should you fail to pay the above-mentioned amount within 30 (thirty) days from the
date of this letter, summons will be instituted to you.
9. Payment may be affected at our offices on weekdays between 08:00 and 16:00.
10. You can also institute payment through our trust account held at:
Banking details
Bank: ABSA
Account number: 45455647885
Branch name: ABSA THOHOYANDOU
Branch code: 25067

Yours Faithfully
 X
Netsh itan g an e ZS
Netsh itan g an e an d Netsh itan g an e Atto rn eys

Telephone: (015) 500 5000

Fax: (015) 500 5858

Email: zwivhuyasheila@gmail.com

Physical address:

Office 41

Muofhe Office Complex

Thohoyandou