Notice of Motion

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO. 2026-071250

In the ex parte application of:

DANIAL TERRY WATERS: First Applicant 

Identity Number: 9711 0651 42088

MICHELLE MELANÉ FISHER: Second Applicant

Identity Number: 9709 1801 27083

NOTICE OF MOTION

KINDLY TAKE NOTICE THAT application will be made to this Honourable Court on THURSDAY, 16 April 2026 at 10h00 or as soon thereafter as Counsel may be heard, for an order in the following terms:

1. That the Applicants be and are hereby given leave to change the matrimonial property system that applies to their marriage in terms of section 21(1) of the Matrimonial Property Act No. 88 of 1984 read with section 88 of the Deeds Registries Act 47 of 1937 (as amended), by the execution and registration of a notarial contract (“the notarial contract”), a draft whereof is attached to the First Applicant’s founding affidavit under the above case number (as Annexure “FA 5” thereto)and which contract, after registration thereof, will regulate their matrimonial property regime to one of out of community of property, subject to the accrual system; 

1. That the Registrar of Deeds be and is hereby authorised to register the aforesaid notarial contract, subject to compliance with normal deed office practice and requirements;
2. That this order:

1. Will lapse if the notarial contract is not registered by the Registrar of Deeds within 3 months of the date of the granting of this order; and

1. Will not prejudice the rights of any creditor of the First and Second Applicant as at the date of registration of the notarial contract;

1. Further and or alternative relief.

TAKE NOTICE FURTHER that the Applicant have appointed the offices of BASSON BLACKBURN INC, c/o DE KLERK & VAN GEND situated at 10^th Floor, The Terraces, 34 Bree Street, Cape Town, Western Cape, as the address at which it will accept notice and service of all documents in these proceedings.

TAKE NOTICE FURTHER that the affidavits of DANIAL TERRY WATERS and MICHELLE MELANÉ FISHER will be used in support of this application.

KINDLY PLACE THE MATTER ON THE ROLL ACCORDINGLY.

DATED AT  PAARL THIS  26^TH   DAY OF  MARCH 2026.

First and Second Applicants’ Attorneys: BASSON BLACKBURN INC, 109 Main Road, Paarl
Tel: 021 871 1401 | Email: henco@bassonblackburn.com | (Our Ref: H Kotzé/MAT30012)

c/o DE KLERK & VAN GEND, 10th Floor, The Terraces, 34 Bree Street, Cape Town
(Ref: C Albertyn)

TO: THE REGISTRAR OF THE HIGH COURT, CAPE TOWN