Attorneys
Liquidation
Sequestration
Rehabilitation
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NEWS : DECEMBER 2024
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BLACKS V TRUCKWASH WORX - LATEST UPDATE ON THIS ONGOING SAGA
CASE NUMBERS: 2023/021966 & 2023/057792:
A complaint was laid against myself by Zeldine and Clifford Black at the Legal Practice Council. The complaint was considered by the LPC’s Investigating Committee on the 26th of November 2024 and the following finding was made by the LPC:
i) The Complaint by Zeldine and Clifford Black was dismissed.
ii) The Investigating Committee considered the papers submitted however could not find any misconduct committed by myself in executing my clients’ mandate and instructions.
iii) It is submitted by the LPC and I quote; “that the complainant’s are playing the man and not the ball”.
Watch this space !!!
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DELAYS AT THE MASTER’S OFFICE
Click HERE to read the article on delays at the Master’s office
Interesting article published in the Citizen Newspaper on the 3rd of December 2024 regarding the delays at the Master’s office.
As a legal practitioner, I have in many instances been blamed for the delay in the winding up of estates when in actual fact the delays are being caused by the Master and the Government Printing Works.
Kindly read the article as it is a very interesting publication.
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NEWS : OCTOBER 2024
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DYNAMIC RECOVERY SERVICES (PTY) LTD V STATE INFORMATION TECHNOLOGY SOC LIMITED AND CYBERLINX SECURITY (PTY) LTD
Click HERE to view Court Order
Click HERE to view Court Order
We refer to our previous report on this matter. Judgement was received on the 6th of September 2024 and a great victory for our client the 2nd Respondent.
Dynamic brought a review application to set aside a R 42 000 000.00 tender awarded to our client the 2nd Respondent. Thereafter the application became moot, however Dynamic persisted with their matter for review and then for costs. Note paragraph 18 of the judgement hereunder and the duty on Dynamic. Note also paragraph 23 below which reflects the conduct of Dynamic.
Herewith also the order. The whole judgement is available to any interested party.
Well done to our client Cyberlinx Security (Pty) Ltd. Also well done to our legal team.
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NEWS : SEPTEMBER 2024
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CASE NUMBER: 51825/2021
DYNAMIC RECOVERY SERVICES (PTY) LTD Applicant
STATE INFORMATION TECHNOLOGY SOC (PTY) LTD 1st Respondent
CYBERLINX SECURITY (PTY) LTD 2nd Respondent
The matter proceeded to court on the 28th of August 2024 in the Pretoria High Court. We act for Cyberlinx Security (Pty) Ltd. The Application was argued which argument concerned mainly costs as the Applicant’s application became moot. In the argument the question of mootness was argued at all angles as the Applicant’s case had become moot, this was admitted by the Applicant. The question is who is responsible for the costs of driving a moot case. In this regard the matter of Biowatch was argued from all angles.
Notwithstanding that judgement was reserved, the Applicant conceded that if it is found that it should not have proceeded with a moot case, it will be liable for the costs from when the matter became moot.
We now need to wait for the Honourable Judge Moshoana J judgement.
No doubt this is an important matter in determining the costs in a matter that became moot with or without the application of the Biowatch case.
Well done to the 2nd Respondent’s (Cyberlinx Security) team, you did well in a matter that was well understood by us from the start in October 2021.
We shall again report upon receipt of the Judgement.
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NEWS : AUGUST 2024
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MOETI TIMOTHY TAUKOBONG // PETUNIA LERATO MTSHALI N.O. AND 4 OTHERS
CASE NUMBER 2023/133050
Click HERE to view Court Order
We refer to the above matter of Taukobong of which we posted the court order. The importance of the case is the repercussions and the following acts:
i) Conversion of Certain Rights to Leasehold Act 81 of 1988;
ii) Upgrading of Land Tenure Rights Act, Act 112 of 1991 and
iii) The Deeds Registries Act 47 of 1937.
Our township residents were issued with permits in terms of Regulation 7 of Chapter 2 of the Regulations Governing the Control and Supervision of an Urban Bantu Residential Area and Relevant Matters, and we attach hereto such a permit. Thereafter the property status was converted to leasehold in terms of the Conversion of Certain Rights to Leasehold Act 81 of 1988. Thereafter in 1991 leasehold properties were converted to freehold for which a title deed was issued.
Click HERE to view ORIGINAL RESIDENTIAL PERMIT
The issuing of the title deed created the most problems to our township residents. As in the Taukobong matter when the title deed was issued, no consideration was given to the permit holders, see the permit above. Usually, the property is registered in the name of the occupier who was resident in the house when the City Official did his rounds and no consideration was given to the history of the house and to who the permit was granted.
There is a solution to our township residents affected by this state of affairs and that is exactly what was achieved in the Taukobong matter.
G.D. Ficq - Attorney for Mr. M.T. Taukobong.
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NEWS : JULY 2024 (2nd Item)
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THE ONGOING MATTERS OF ROCHE SWANEVELDER AND CARWASH WORX.
We wish to report that a second account was taxed against Cliff and Zeldine Black. Attached the relevant pages of the taxed account.
We shall again report on the ongoing Carwash Worx matters.
Well done Roche, you have done really well in the matters.
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NEWS : JULY 2024 (1st Item)
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A VERY IMPORTANT JUDGEMENT RECTIFYING THE INCORRECT ALLOCATION OF TOWNSHIP PROPERTIES BY THE CITY COUNCIL AND HUMAN SETTLEMENTS. CONGRATULATIONS TO OUR CLIENT MOETI TIMOTHY TAUKOBONG.
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NEWS : AUGUST 2023
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ROCHE SWANEVELDER / TRUCKWASHWORX // CLIFFORD BERTIE JOHN BLACK AND ZELDINE BLACK – CASE NUMBER 2023/57792:
The Second Court Order was granted against the Blacks. We applied for their imprisonment due to their contempt of the Court order granted on the 1st of June 2023. After service of the contempt of court application, the Black’s complied. A cost order was granted which we shall tax for our client.
Well done Team !!!
ROCHE SWANEVELDER / TRUCKWASHWORX // CLIFFORD BERTIE JOHN BLACK AND ZELDINE BLACK – CASE NUMBERS 2023/57792 AND 2023/21966:
In pursuance of the cost orders that was granted against the Blacks in favour of Roche Swanevelder of Truckwash Worx the cost accounts were drawn and served on the Blacks. The Blacks now have the opportunity to oppose the quantum.
Well done Team including our cost consultant.
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NEWS : JULY 2023
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Carwash Worx v Clifford Bertie John Black and Zeldine Black
A matter of slander and defamation which is now costly:
In the matter of Carwash Worx v Clifford Bertie John Black and Zeldine Black, the Blacks are in for costs. The Black’s made slanderous and defamatory allegations against our client Carwash Worx which was unfounded. The subsequent application to interdict them was opposed but not contested, which resulted in an attorney and client cost order against the Blacks. Notwithstanding the granting of the interdict the Blacks continued to defame Carwash Worx whereafter we brought a contempt of court application in which we applied to have the Blacks imprisoned for 30 days. That finally spurred them to remove their slanderous and defamatory remarks from social media Platforms. Now only the costs of the contempt of court applications needs to be argued.
Well done Advocate J.C. Carstens, the office and Carwash Worx, it will teach them a lesson.
Something more on the benefit to creditors:
There are more ways to create a benefit to creditors in applications for voluntary surrenders. It is not only the proceeds of a fixed or movable property or a cash contribution. In the Ex Parte application of J.C Huneberg we used the outstanding invoices due to our client which invoices were for professional services rendered. It was accepted by Honourable Judge Dippenaar.
Well done girls an d Advocate J.C. Carstens !!!
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NEWS : JULY 2022
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Good News on Deceased Estates
The Estate of Number 17139/2022 Click HERE to view detail
The estate was reported on the 17th of May 2022 and we received our letters of executorship now, that is within two months and notwithstanding the Master not having paper or toner.
Good work Juanita and Archie !!!
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Estate Late WJ Schmid // ABSA Bank Click HERE to view detail
This estate shows the disgraceful and disgusting conduct of ABSA bank. ABSA was nominated as Trustees but did absolutely nothing, yet demanded payment of all their fees which is contrary to the Administration of Estates Act. Our firm reported the estate, did all the necessary paper work, yet ABSA demanded R 245 282.40 before doing anything. Then they even reverted to a lower level of disgust to shelve all paperwork until payment is received contrary to the Act, yet refuses to renunciate. ABSA provides a fake pro forma cash reconciliation statement with an Estate Number that is fake and do not exist. Look at the account and see the charges they are not authorized to charge. Disgusting !!! Further the surviving spouse is destitute and cut off from all financial help and assistance.
This disgusting actions by the bank is the reason why we practitioners need to stand up against the banks. See the correspondence below. Contact us for any further enquiries, this is public and in the interest of us the public.
Well done Mrs. Schmid and Javis, and thank you for having the faith in our firm. This is an example for a future client that we are capable of fighting the disgusting banks.
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Estate Late WJ Schmid // ABSA Bank appointed by will as Executors
ABSA demands payment of the estate fees before they will apply to the Master for a letter of Executorship, failing that they just pend the matter and do nothing further and more importantly not renounce the estate. Only after the surviving spouse placed her complaint on Hello Peter did ABSA indicate they will investigate.
We shall report to you again on this sorry state of affairs.
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Sorry state of our Court’s Click HERE to view Photo
Client instructed to appear in the Magistrate’s Court for Pretoria North on Thursday. Our client’s attended court and was told the court’s electricity has not been paid, no electricity and no court. Told to come back on Monday the 27th of June 2022. We advised them to go on Friday the 24th of June 2022. Client phoned court on Friday the 24th of June 2022 to be told there has not been loadshedding at court for 10 years. Client’s attended court only to find the court closed, no electricity. See the photos.
How disgusting. We just hope our citizen’s will now think before they vote and will make the right choice.
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CASE NUMBER 2021/6731
PHILLIP CLOETE GREYLING // PHEIN PROJECTS (PTY) LTD
Update on the above liquidation. A liquidator has been appointed and now the assets of Phein Projects (Pty) Ltd needs to be secured. We also need to tax the money and various court orders obtained against Mr.Herbst, Kenmare Hein Hardeware and so on. Strange, this is the same matter where Mr. Herbst’s attorney demanded costs against our Mr. Ficq in person but did not represent his client in court to do so. See for yourself, we shall invite you to caselines.
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THE MASTER’S OFFICE Click HERE to view detail
Herewith a article published in the Rapport Newspaper on the 12th of June 2022. Client’s wonder if the Master is really so bad and do not always believe us. Herewith other practitioner’s submissions. We have estate that was reported years ago and still waiting for an appointment. It appears there is not much left that the Government has not destroyed.
We shall keep you updated on this, but do not expect any good news soon.
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NEWS : JUNE 2022
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CASE NO.: 2022/13239
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
In the ex-parte application of:
DE JAGER: ANDRIES THEODORUS
AND
DE JAGER: CHANTEL
(MARRIED IN COMMUNITY OF PROPERTY)
(For the surrender of their estate)
VOLUNTARY SURRENDER
Another victory to our clients, this judgement confirms the faith we have in our Courts and Judges. In this application we brought a surrender application with only a benefit of 0.015c/r, that is only one cent in the Rand benefit.
Our Judge had the discretion to grant the order and, with sufficient reasons, the application was granted. Take note that there is no “precedent” that 20c in the rand, or more, is required. The banks need to take note of the Judge’s discretion.
Well done to our client’s, legal team, the office ladies and Adv. Jaco Carstens.
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CASE NUMBER: 2021/6731 Click HERE to view detail
IN THE MATTER BETWEEN:
MAIN APPLICATION:
PHILLIP CLOETE GREYLING APPLICANT
AND
PHEIN PROJECTS (PTY) LTD FIRST RESPONDENT
WILLEM HENDRIK JACOBUS HERBST SECOND RESPONDENT
APPLICATION TO INTERVENE
WILLEM HENDRIK JACOBUS HERBST FIRST INTERVENING PARTY
KENMARE HEIN HARDEWADE (PTY) LTD SECOND INTERVENING PARTY
COUNTER APPLICATION:
WILLEM HENDRIK JACOBUS HERBST FIRST APPLICANT
PHEIN PROJECTS (PTY) LTD SECOND APPLICANT
AND
PHILLIP CLOETE GREYING RESPONDENT
A provisional order was granted on the 16th of May 2022 in terms of which Phein was provisionally liquidated. The following was apparent:
i) The Respondent opposed and delayed the application.
ii) The Respondent had no regard for the rules of the court to the extent that the Honourable Judge did not see the affidavit it filed late with no application for condonation.
iii) The Respondent was not able to present the non sensical drivel he attested to in in its affidavits to the Honourable Judge.
But let it not be me who advise you, advise us and we hall join you on caselines to see for yourself.
Well done to our team which included Advocate Carstens, the office ladies and the Greylings for their trust in our judicial system which was the ultimate winner.
G.D. FICQ !!!!!
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CASE NUMBER: 2019/19299
KALBRO CC (IN LIQUIDATION)
(ESTATE NUMBER: G1196/2017)
Vs
HARI CHEMICALS CC
IN RE: INSOLVENT ESTATE KALBRO CC (IN LIQUIDATION)
G1196/2017)
After a year long legal battle the occupiers of a property we liquidated decided to vacate the premises. They had two law firms acting for them but were still evicted. But let it not be me who inform you, we shall invite you on caselines to see for yourselves.
Well done Team, Advocate Carstens, Aneesha and Archie.
Our legal team is Tops !!!!
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NEWS : MAY 2022
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CASE NUMBER: 2021/6731
PHILLIP CLOETE GREYLING // PHEIN PROJECTS (PTY) LTD AND 1 OTHER
What a success, the provisional liquidation order granted by the Honourable Judge Twala.
The liquidation application was issued in February 2021 and opposed by Mr. Hein Herbst via his attorney, Mr. Johan van Heerden of Pretoria. The filed and filed long opposing affidavits which contained absolute non legal drivel, so much so that it was difficult to understand. The result of filing the drivel was that attorneys Johan van Heerden withdrew weeks before the hearing leaving his client, Mr. Hein Herbst in the lurch, so shocking.
Mr. Herbst was left helpless in court by his legal team. But let it not be us who tell you, see for yourself. Contact us and we shall invite you on the matter on caselines so you may read for yourself, it is a public document.
Well done Team, Adv. Carstens and the office.
G.D. Ficq
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NEWS : MARCH 2022
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Some further good news for the Month of March 2022.
Another 3 successful applications granted !!!!!
Report on our granted High Court Applications:
Sequestrations:
- Ex Parte Tony Correia Mestre.
- Ex Parte Johan Oelofse.
- Ex Parte Clem da Matta Frizado and Senuschka Frizado.
Well done Team !!!
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Further good news:
10 successful applications granted in 2 weeks !!!
Not too bad for a small firm doing a big firm’s work.
Report on our granted High Court applications:
Liquidations:
- Ex Parte Xep Recycling
- Ex Parte A to Y Gas CC
- Ex Parte To-Mes Projects
- Ex Parte To-TJD Investments
- Ex Parte Mestre Investments
Rehabilitations:
- Ex Parte Petro Basson
- Ex Parte Inge Helene Strauss
- Ex Parte Paul and Tanja Nel
Sequestrations:
- Ex Parte Tamara Jayne Pappin
- Ex Parte Johan Oelofse
There are more to follow in March.
Caselines proving to be effective and prevents opponents being mischievous with their filing.
WELL DONE TEAM !!!
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WHAT LIES AHEAD FOR 2022
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Now that we left 2021 behind we need to reflect on what may transpire in 2022. We were protected during the covid years 2020 and 2021, but cannot continue as the economy needs to pick up and the Government cannot sponsor us any longer. Numerous companies and businesses have just survived by not paying debt such as councils, labour and SARS. Many of the businesses have closed its doors without taking into consideration debts to SARS and the banks.
This cannot continue and the banks, councils and SARS are taking action. It is now the time to remove from your portfolio those struggling entities and liquidate them. You are when you liquidate, protected from SARS but not if you do not liquidate.
Rather start a new venture by using the skill you have acquired over the years.
Let us assist you in disposing of your non running entities.
G.D Ficq Attorneys
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EX-PARTE MARISSA JUANETTA SMIT
CASE NUMBER: 2020/20330
JOHANNESBURG HIGH COURT
Order granted on the 3rd of June 2021 for the voluntary sequestration of Mrs. Smit.
Page 10 of the application reveals no dividend to concurrent creditors. The court used its discretion and granted the order.
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WILKEN F.J // FREYSEN WILLIE NO
CASE NUMBER: 2019/08813
JOHANNESBURG HIGH COURT
The latest on this important matter:
i) In terms of the Judgment by the Honourable Judge Dippenaar, receiver and liquidator of divorce estates fees are guarded by Section 84(1)(b) of the Administration of Estates Act 66 of 1965, that is if the letter of authority does not deal with the receiver and liquidators fees. That is the matter herein.
ii) In this matter Mr. Freysen was instructed by the Court to submit his account in terms of Section 84(1)(b) to the Master.
iii) Mr. Freysen did draw and submit an Administration Account which is attached hereto. Subsequent to the drawing of the Account there is two problems namely:
a) Mr. Freysen’s Account is excessive to the amount of R710 472-51.
b) The Master is not willing to assess the account.
c) It is not apparent from Mr. Freysen’s account if the sale proceeds were invested.
iv) The following now needs to be done:
d) Application be made against the Master and Mr. Freysen to compel the Master to assess.
e) Have Mr. Freysen’s account assessed and request that his fees be waived due to his reluctance to account to the Applicant and as the Honourable Judge remarks “that he was been manifesting remiss in doing so:
f) Bring an Application to compel Mr. Freysen to invest the client’s funds. We do not understand that Mr. Freysen can refuse to invest client’s funds. What would the reason be to refuse? The court need to decide.
We shall keep you posted on the further developments.
Click HERE to view this Judgement
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PARACHUTE SYSTEMS (PTY) LTD
(REG NO: 2016/399143/07)
CASE NUMBER: D6288/209
DURBAN HIGH COURT
We successfully brought an ex-parte liquidation Application which was granted on the 20th of February 2020 in the Durban High Court of South Africa.
Congratulations to Advocate van Rooyen and my office.
Well done for showing them how to do it.
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NEWS : SEPTEMBER 2019
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WILKEN FREDERICK JACOBUS APPLICANT
FREYSEN WILLIE RESPONDENT
CASE NUMBER:8813/2019
JOHANNESBURG HIGH COURT
Judgement received in the above matter. After a year of fighting for our client’s rights against Freysen Attorneys we now won the matter.
Congratulations Adv. Jaco Carstens and my office.
Well done for showing them how to do it.
Click HERE to view this Judgement
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JACQUIE MEYER- APPLICANT
DYKES VAN HEERDEN(GAUTENG) INC ATTORNEYS - FIRST RESPONDENT
JOLINE MARIA SMUTS N.O - SECOND RESPONDENT
CASE NUMBER: 38466/2018
An urgent Application brought against our clients, the Smutses on the 25th of October 2018. Matter settled after two weeks of hard work. The Application by Jacquie Meyer was unfounded as the contract had lapsed and confirmed by the Judge with a order of costs granted. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.
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CHRISTOFFEL JOHANNES VAN NIEKERK & ELIZABETH CATHARINA MAGRIETHA VAN NIEKERK // VOLUNTARY SURRENDER
CASE NUMBER M338/2018
MAHIKENG HIGH COURT
Application for surrender, granted on the 25th of OCTOBER 2018. Client’s properties situated in
Well done Zareen Magee and to Advocate C.J Zwiegelaar for another successful Application and the team who attended the 1st Creditors Meeting.
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CITY OF
DANKOSTEP (PTY) LTD Respondent
CASE NUMBER: 5055/2018
We provisionally liquidated Dankostep (PTY) LTD.
Dankostep brought an urgent Application for a 3rd party to enter.
Said Application was dismissed with costs.
Well done Adv. Jaco Vorster and Leandri of our offices.
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DESIA WALKLEY APPLICANT
DAVID KURTZAHN WALKLEY FIRST RESPONDENT
MARCEL HUGLI SECOND RESPONDENT
AUCTION PRO THIRD RESPONDENT
WALKLEY & SONS (PTY) LTD FOURTH RESPONDENT
CASE NUMBER: 36593/2018
An urgent Anton Pillar and a further urgent Application brought against our client Dave Walkley. Matter settled after three weeks of hard work. The Applications against Dave Walkley was unfounded and confirmed by the Judge. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.
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PAUL JACOBUS BURGER & CHARMAIN ELIZABETH BURGER // VOLUNTARY SURRENDER
CASE NUMBER 11342/2018
Application for surrender, granted on the 07th of JUNE 2018. Client’s property situated in Discovery Roodepoort. ABSA Bank did not oppose the Application.
Well done Zareen Magee and to Advocate Jaco Carstens from
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BUILCON CC // LIQUIDATION
CASE NUMBER: 11565/2018
Ex-parte liquidation granted on the 20th of JUNE 2018:
Final order granted in Johannesburg High Court. None of the creditors opposed the Application even after all the creditors were notified.
Well done Zareen Magee and to Advocate Jaco Carstens from
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ADRIAANSE: JOHANNES JACOBUS N.O / ADRIAANSE: ADRIANA JAKOBA N.O / VAN DER WALT: HESTER CECILIA N.O. on behalf of the ADRIAANSE FAMILIE TRUST / TRUST NO: IT13115/07 // HEUWELKOR TIEN (PTY) LIMITED
CASE NUMBER: 14/41958
Application in terms of Section 83(4) of the Companies Act.
Application for liquidation of Heuwelkor Tien (Pty) Ltd.
The end of a three year battle. Notwithstanding the opposition by Leonie Anne Malan the above orders were granted. Malan refused to comply with the Companies Act, conducted the business at Heuwelkor trading as The Bond while being deregistered. She attempted to mislead the Court but did not succeed. The presiding Judge was Justice Masipa.
After the reinstatement we applied for Heuwelkor's liquidation. Once again Malan and Heuwelkor attempted to mislead the Court but to no avail. The final liquidation order was granted on the 18th of April 2016. Now to set aside all disputes and sell The Bond. Well done to Lozaan du Plessis, Advocate Robbertse and Advocate J Carstens.
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SIBISI Y.B. // DEPARTMENT OF HOME AFFAIRS / THE MASTER OF THE HIGH COURT,
CASE NUMBER: 2016/3436
Application for the registration of a customary union in terms of Section 4 of Act 120 of 1998. Notwithstanding being opposed, the order was granted.
Well done to Lozaan du Plessis, Archibald Masogo and Advocate J Carstens.
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WOODS, ARTHOR HILTON // VOLUNTARY SURRENDER
CASE NUMBER 2016/10849
Application for surrender, granted on the 05th of May 2016. Client’s property sold in execution by Nedbank. Property sold at below valuation. Notwithstanding Nedbank's intention to oppose, the Application was granted.
Well done to Zareen Magee and Advocate J. Carstens.
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KONINKLIJKE JOH. ENSCHEDÉ B.V. vs. SOUTH AFRICAN POST OFFICE LIMITED
CASE NUMBER: 87056/2015
Summary Judgment Application:
Summons issued for €1 613 000,00 for the manufacture and purchase of the Nelson Mandela stamps. The South African Post Office defended. The Application for Summary Judgment to be heard on Monday the 25th of January 2016.
We shall keep you posted on developments and the outcome.
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ASH PLANT CC // KHAYALALETHU HOMES CC
CASE NUMBER: 95112/2015
Liquidation granted on the 18th of January 2016:
Provisional Liquidation granted with return date. The Respondent did not oppose the Application.
Well done office and to Advocate Jako Vorster of
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CITY OF
CASE NUMBER: 2015/3063
GAUTENG DIVISION,
A provisional order was granted after Lynnwood Forum (PTY) Ltd refused to pay the city Council. The Provisional order was discharged after payments were settled. Lynnwood Forum (PTY) Ltd, notwithstanding filing legal arguments did not wish to argue and rather settled. Well done to the office and Advocate Jako Vorster.
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CASE NUMBER: 15/23367
GAUTENG LOCAL DIVISION,
Foch Abattoir and Cold Meats CC were successfully liquidated on the 6th of October 2015. Notwithstanding proper notice they still did not oppose. What is the reason for that? Well done to the office and Advocate Robbertse.
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CASE NUMBER: 2015/24227
GAUTENG LOCAL DIVISION,
Texland Meat (PTY) Ltd was liquidated on the 11th of August 2015 without any opposition. Texland Meat (PTY) Ltd appears to be rather large with creditors in the excess of R20,000,000. I believe a compromise will be reached. Well done to the office and Advocate Robbertse
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