Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (Johannesburg) (8 March 2021)

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IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG

MONDAY 08TH MARCH 2021

OPPOSED MOTION

BEFORE THE HONOURABLE JUDGE TWALA J

BEFORE THE HONOURABLE JUDGE YACOOB J

BEFORE THE HONOURABLE JUDGE MOKUTU AJ

BEFORE THE HONOURABLE JUDGE TURNER AJ

UNOPPOSED MOTION

BEFORE THE HONOURABLE JUDGE OPPERMAN J

BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

OPPOSED INTERLOCUTORY

BEFORE THE HONOURABLE JUDGE NKOSI AJ

URGENT APPLICATIONS

BEFORE THE HONOURABLE JUDGE BEFORE THE HONOURABLE JUDGE

SPECIAL MOTION

BEFORE THE HONOURABLE JUDGE ADAMS J

TAX COURT

BEFORE THE HONOURABLE JUDGE COLLIS J

RULE 43 APPLICATIONS/SUMMARY JUDGEMENT APPLICATIONS

BEFORE THE HONOURABLE JUDGE MEYER J

FULL COURT APPEALS: CIVIL

BEFORE THE HONOURABLE JUDGE VALLY J

AND BEFORE THE HONOURABLE JUDGE FISHER J

AND BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

A5067/2019

CRIMINAL APPEALS

BEFORE THE HONOURABLE JUDGE LAMONT J

AND BEFORE THE HONOURABLE JUDGE RAMLAL AJ

A93/2020

CASE MANAGEMENT CONFERENCES

BEFORE THE HONOURABLE JUDGE MATOJANE J

BEFORE THE HONOURABLE JUDGE WRIGHT J

BEFORE THE HONOURABLE JUDGE DIPPENAAR J

SETTLEMENT COURT

BEFORE THE HONOURABLE JUDGE MUDAU J

BEFORE THE HONOURABLE JUDGE SIWENDU J

CIVIL TRIALS

BEFORE THE HONOURABLE JUDGE TSOKA J

BEFORE THE HONOURABLE JUDGE KATHREE-SETILOANE J

BEFORE THE HONOURABLE JUDGE FRANCIS J

BEFORE THE HONOURABLE JUDGE KEIGHTLEY J

BEFORE THE HONOURABLE JUDGE SENYATSI J

BEFORE THE HONOURABLE JUDGE NOKO AJ

BEFORE THE HONOURABLE JUDGE YENDE AJ

RAF TRIALS

BEFORE THE HONOURABLE JUDGE MAKUME J

BEFORE THE HONOURABLE JUDGE MALATSI-TEFFO AJ

BEFORE THE HONOURABLE JUDGE F BEZUIDENHOUT AJ

THE CIVIL TRIAL ROLL BEFORE SUTHERLAND ADJP. IN TERMS OF PARAGRAPH 8

OF THE JUDGE PRESIDENT’S DIRECTIVE OF 17 APRIL 2020 AND PARAGRAPH 32 OF

THE JUDGE PRESIDENT’S DIRECTIVE OF 18 SEPTEMBER 2020. THERE SHALL BE NO PHYSICAL TRIAL ROLL. PARTIES MUST COMPLY STRICTLY WITH THE PROVISIONS OF PARAGRAPH 8 OF THE DIRECTIVE OF 24 APRIL 2020 AND PARAGRAPH 32 OF THE DIRECTIVE OF 18 SEPTEMBER 2020. PARTIES SHALL BE NOTIFIED OF ALLOCATIONS BY EMAIL.

WHENEVER JUDGES ARE ALLOCATED MORE THAN ONE CASE THE JUDGE SHALL DIRECT IN WHICH ORDER THE MATTERS ARE TO BE HEARD.

IN A MATTER WHERE A SETTLEMENT IS IMMINENT IT MUST BE REMOVED FROM THIS ROLL AND ENROLLED ON THE SETTLEMENTS COURT ROLL. THERE SHOULD BE NO EXPECTATION THAT THE MATTER WILL BE ENTERTAINED ON THIS ROLL OR THAT TRIAL COSTS SHALL BE AWARDED FOR AN APPEARANCE.

NUMBER ON ROLL	CASE NO	PARTIES	ALLOCATION/ORDER GRANTED
“Y” MATTERS: CLAIMS AGAINST THE RAF, PRASA OR MEC HEALTH, GAUTENG
1	2016/2328	MKHIZE LANDIWE KHANYISILE VS ROAD ACCIDENT FUND	No invitation to CaseLines; No practice note; no compliance with practice directives (checked on Tuesday, 02 March 2021 at 07h50)
2	2017/42469	RUDOLF CONRADIE VS ROAD ACCIDENT FUND	No invitation to CaseLines; No practice note; no compliance with practice directives (checked on Tuesday, 02 March 2021 at 07h50)
3	2018/29259	COCHRANE NADINE SHERRYN ROCHELLE VS ROAD ACCIDENT FUND	No invitation to CaseLines; No practice note; no compliance with practice directives (checked on Tuesday, 02 March 2021 at 07h50)
4	2019/6756	MAKWAKWA GIVEN JAPHTA VS ROAD ACCIDENT FUND Plaintiff: Adv J Luvuno Defendant: Claims Handlers Certification conference: 15 October 2020 Zoom/MS Teams Quantum (future medical expenses; general damages; past and future loss of earnings) Estimated duration: 2 – 3 days	F BEZUIDENHOUT AJ Secretary: Ms N Mvula E-mail: NMvula@judiciary.org.za

5	2017/587	MASSIUANE EDSON ZACARIAS VS ROAD ACCIDENT FUND Plaintiff: Adv I Tshoma Defendant: Claims Handlers Certification conference: 15 June 2020 Quantum (future medical expenses; past loss of earnings; future loss of earnings; general damages) Zoom Estimated duration: 2 -3 days	MALATSI – TEFFO AJ Secretary: Mr J Letsoalo E-mail: JLetsoalo@judiciary.org.za
6	2006/26810	DE BEER JOHANNES DAWID STEFANUS VS ROAD ACCIDENT FUND	No invitation to CaseLines; No practice note; no compliance with practice directives (checked on Tuesday, 02 March 2021 at 07h50)
7	2017/19124	GRAIG DYLAN PRETORIUS VS ROAD ACCIDENT FUND	No invitation to CaseLines; No practice note; no compliance with practice directives (checked on Tuesday, 02 March 2021 at 07h50)
8	2017/18325	ZHOU MENOFIAS VS PRASA	Parties filed a Notice of Removal


ALL MATTERS CLASSIFIED “D” “C” “P” OR “F” NOT REQUIRING A JUDICIAL CERTIFICATE OF READINESS
9	2017/ 39314	MOTLAU ERNEST MOTIMELE VS MINISTER OF POLICE Plaintiff: Adv T Mathopo Defendant: Adv E Lushaba Claim for unlawful shooting Merits and quantum R37 pre-trial conference held: 08 December 2020 Videoconferencing Estimated duration: 4 – 5 days BOTH PRACTICE NOTES WERE SUBMITTED BY E- MAIL; NO INVITATION WAS EXTENDED TO CASELINES TO Secretarydjp@judiciary.org.za (checked on Tuesday, 02 March 2021 at 07h50); NO COMPLIANCE WITH PRACTICE DIRECTIVE	Matter is struck off from the roll

2018/16924

KGAHLISO RUDY PHADU VS MINISTER OF POLICE

Plaintiff: Adv M J Ngobeni Defendant: Adv N Bangisi Unlawful arrest

Virtual hearing

Estimated duration: 2 days

SENYATSI J

Secretary: Ms N Khulu E-mail:

NKhulu@judiciary.org.za

2018/46474

MPFARISENI DAVID MUKWEVHO VS DUMAKUDE MAYIVUKE NDLOVU

Plaintiff: Adv M Tshivhase Defendant: Adv A H A van der Merwe

Defamation

Estimated duration: 3 days Physical hearing (preference); virtual hearing

R37 pre-trial conference held: 23 January 2020; 28 October

2020

KEIGHTLEY J

Secretary: Mr T Mmakola E-mail:

TMmakola@judiciary.org.za

2018/22147

ERIC ELLERINE N.O VS OPSISOLVE INVESTMENTS (PTY) LIMITED

Plaintiff: Adv C J Mouton Defendant: Adv N Lombard Acquisitive Prescription of Land Prescription Act 18 of 1943 and

Act 68 of 1969

Estimated duration: 4 – 5 days Issues in dispute: Whether the plaintiffs have acquired through Acquisitive Prescription, i.t.o.

Section 2 of the Prescription Act 18 of 1943 and/or i.t.o. Section 1 of the Prescription Act 68 of 1969 of a Servitude through Acquisitive Prescription i.t.o.

Section 2 of the 1943 Act and/or

i.t.o. Section 6 of the 1969 Act, a piece of land registered in the name of the defendant as part of Erf 220, but which adjoins and has always been occupied and used as part of Erf 221.

Relief sought:

(a) A Declarator that the plaintiff acquired:

(i) Ownership by

acquisitive prescription;

(ii) Alternatively, a

servitude through acquisitive prescription of an encroachment area within the panhandle to their property identified as the encroachment area;

(b) That the Registrar of Deeds may register such ownership, alternatively, servitude;

(c) An interdict to restrain the defendant from interfering with plaintiff’s rights over the encroachment area, including the perimeter wall dividing Erf 220 and Erf 221;

(d) Costs on the attorney and client scale

R37 pre-trial conference held: 05 December 2019; 04 February

2020; 08 October 2020; 15

December 2020; 20 January

2021

Minutes registered: 24 January 2020; 06 February 2020; 20

October 2020; 15 December

2020; 20 January 2021

TSOKA J

Secretary: Ms P van Wyk E-mail: PVanWyk@judiciary.org.za




MATTERS REMOVED FROM THE ROLL BY NOTICE



PRACTICE NOTES RECEIVED, MATTERS NOT ON THE ROLL, COURT FILES ARE NOT WITH ROLL CALLING JUDGE 1. Kindly approach the registrar, Ms T. Khumalo (TKhumalo@judiciary.org.za /010 494 8397) with the necessary documentation and a request that the matter be enrolled. 2. If the registrar approve the enrolment, the matter may be enrolled and dealt with.