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1]  On the 28th April 2023 the Applicant launched this Urgent application in accordance with the provisions of Rule 6(12) and seeks the following relief against the Respondent.

1.1 That an interim interdict be granted to stay execution of the writ under case number 35921/2020 issued on 20 March 2023 until 15 June 2023 to allow the Applicant to make application to this Court on or before 15 June 2023 to:

a)  Suspended execution of the order of this Court dated 8 December 2020 in terms of Rule 45A for a period as determined by the Court in order to allow the Applicant to apply to National Treasury for “Municipal debt relief” in respect of the Applicants debt owed to the first Respondent in terms of the Court order. And

b)  For the setting aside of the writ.

[2]  The Respondents were afforded an opportunity to file written notice to oppose by 12 noon on 30 April 2023 and to file their Answering Affidavit by the 2nd May 2023.  The application was set down to be heard on 9th May 2023.

[3]  The first Respondent has filed its opposing affidavit and bases its opposition on the following:

- Firstly, that the application is not urgent.

- Secondly that Applicant should have joined National Treasury.

- That the issues in this application have already been dealt with in the judgement by Goedhart AJ when she dismissed a similar application though not based on the Municipal debt relief issue.  The first Respondent accordingly pleads res judicata.