CERTIFICATE IN SUPPORT OF A NOTICE TO APPEAR

Issued under Section 65A (1) of the Magistrates' Courts Act, 1944, as amended.

IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF DUNDEE

HELD AT DUNDEE CASE NO. 71/2022

In the matter between

DUNVET VETERINARY CLINIC (PTY) LTD JUDGMENT CREDITOR

and

SIMPHIWE MKHIZE JUDGMENT DEBTOR

I, ALEXANDRA JANE DANNHAUSER

Attorney for the judgment creditor hereby certify:

(1) That on 19/09/2022 judgment was obtained against the above-named judgment debtor;

(2) That the judgment or order has remained unsatisfied for a period of ten days from the date on which it was given/ the date
on which it became payable;

(3) That the Judgment Debtor has failed to comply with the Judgment or Order referred to in Section 65A (1) of the Act in that he
failed to pay;

(4) That the amount in arrears is R8 821.80 and the outstanding balance is R8 821.80, plus costs and further interest at the rate
of 7.00% from 25/01/2022 to date of final payment;

(5) That the Judgment Debtor has been advised by registered letter in terms of the Judgment and of the consequences of his
failure to satisfy the judgment;

(6) That a period of 10 days has elapsed since the date on which the said registered letter was posted;

(7) That the court is not barred by the provision of Section 19 of the Credit Agreements Act, 1980, (Act No. 75 of 1980) from making
a decree or otherwise or an order referred to in that section;

(8) That no proceedings in terms of Section 65A (1) of the Magistrates’ Court Act (Act No. 32 of 1944) have previously been
instituted in this matter.

DATED AT DUNDEE ON THIS 06th DAY OF FEBRUARY 2024.

The claim and costs of the proceedings referred to on the

face hereof is as follows:
.................................................……..... Judgment debt R 5 041.38
ACUTT & WORTHINGTON INCORPORATED Judgment costs R 1 335.91
ATTORNEY FOR JUDGMENT CREDITOR Judgment letter R 50.00
71 WILSON STREET Disb ito R33 (23) R 7.50
DUNDEE Registered postage R 47.80
3000 Costs hereof R 535.00
Ref: AJ DANNHAUSER/05D903102/nrmy Disb ito Rule 33 (23) R 80.25
Certificate R 84.00
Disb ito Rule 33 (23) R 12.60
Interest from 25/01/2022 to date @ 7.00% p.a R 717.40
Further interest from 02/11/2022 to date of
final payment (to be added)
** This payable ONLY if debt paid SUBTOTAL R 7 911.84
by installments at 10% per installment **Collection commission (Incl. VAT) R 909.96
subject to a maximum of R300,00 SUBTOTAL R 8 821.80
Less paid to date R 0.00
on each installment.
TOTAL TO BE PAID R 8 821.80
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 NOTICE TO APPEAR
IN TERMS OF SECTION 65A (1) OF THE MAGISTRATES' COURTS ACT, 1944 (ACT 32 OF 1944)

IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF DUNDEE

HELD AT DUNDEE CASE NO. 17660/2022
In the matter between

BISLEY PARK PRIMARY SCHOOL

JUDGMENT CREDITOR
and
SIMPHIWE MKHIZE JUDGMENT DEBTOR
TO:
SIMPHIWE MKHIZE (If the Judgment Debtor is a juristic
DEPARTMENT OF TRANSPORT, ROAD TRAFFIC INSPECTORATE person, it must be indicated that the
(TESTING GROUNDS) responsible person is summoned as
DUNDEE representative of the juristic person
3000 and in his or her personal capacity.)

You are hereby required to appear before the above-mentioned court on _________________________ at
______________ in order to enable the court to enquire into your financial position and to make such order
as the court may deem just and equitable, as you failed to satisfy the judgment of the PIETERMARITZBURG
court given against you on 17/05/2023 for payment of the amount of R18 800.00 and R2 831.03 judgment
costs and interest within 10 days of the date of judgment.The balance of the relevant debt at present
amounts to R24 663.63 (see attached certificate).

You are further required to submit a full statement to the said court -
(a) of your/the juristic person's assets and liabilities;
(b) of your monthly/weekly income and expenditure, supported by documentary proof inclusive of a
statement by your employer giving full particulars of your emoluments and, in the case of a juristic
person, the latest financial statements;
(c) and the following: Identity document, tax returns for the past two years, all bank statements for
the past twelve months, Building Society and Post Office savings and loan account books as well as
proof of monthly bond repayments, and antenuptial contract, if any.

NOTICE: -
(1) If the court is satisfied on the ground of sufficient proof or otherwise -
(a) that you have knowledge of a notice referred to in section 65A (1) of the Act and that you
have failed to appear before the court on the date and at the time specified in the notice;
or
(b) that you, where the proceedings were postponed in your presence to a date and time
determined by the court, have failed to appear before the court on that date and at that
time; or
(c) that you have failed to remain in attendance at the proceedings or at the proceedings so
postponed,
the court may, at the request of the judgment creditor or his or her attorney, authorise the
issue of a warrant directing a sheriff to arrest you and to bring you before a competent
court in order to enable that court to conduct a financial enquiry. (Section 65A (6) of the
Act.)

(2) Any person who -

(a) is called upon to appear before a court under a notice in terms of section 65A (1) or section
65A(8)(b) of the act (where the sheriff, in lieu of arresting a person, hands to that person a
notice in writing to appear before the court), and who willfully fails to appear before the
court on the date and at the time specified in the notice; or
(b) where the proceedings were postponed in his or her presence to a date and time determined
by a court, willfully fails to appear before the court on that date and at that time; or
(c) willfully fails to remain in attendance at the relevant proceedings or at the proceedings as so
postponed, is guilty of an offence and liable on conviction to a fine or to imprisonment for a
period not exceeding three months (Section 65A (9) of the Act.)

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DATED AT DUNDEE ON THIS 27TH DAY OF MAY 2024.

............................................................………
AUSTEN SMITH INC
ATTORNEY FOR JUDGMENT CREDITOR
REDLANDS ESTATE, 1 GOERGE MACFARLANE LANE
PIETERMARITZBURG, 3201
TEL: 033 392 0500
EMAIL: mail@austensmith.co.za
REF: U3/B1081/22/DHP/cr
C/OACUTT & WORTHINGTON INCORPORATED ....................................
CLERK OF THE COURT
71 WILSON STREET
DUNDEE
3000
Ref: AJ DANNHAUSER/A224/nrmy PLEASE NOTE:
SHOULD YOU WISH TO AVOID APPEARING IN COURT YOU MAY
CALL AT OUR OFFICE BEFORE THE ABOVE DATE OF HEARING TO
SIGN AN OFFER TO PAY ON TERMS TO BE AGREED.

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