Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (30 October 2023)

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AS ALLOCATED

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

MONDAY 30TH OCTOBER 2023

LITIGANTS’ ATTENTION IS DRAWN TO THE DIRECTIVE DATED 25 JANUARY 2023 ISSUED BY THE HONOURABLE DEPUTY JUDGE PRESIDENT “POWER SUPPLY TO THE JOHANNESBURG HIGH COURT AND THE RESUMPTION OF PHYSICAL MODE OF HEARINGS AS THE DEFAULT POSITION”

THE DEFAULT MODE OF HEARING OF MATTERS IS IN PHYSICAL COURT EVEN THOUGH THE DEFAULT MODE OF HEARINGS IS PHYSICAL, JUDGES MAY ELECT TO PROCEED VIRTUALLY

LITIGANTS ARE TO CONFIRM THE MANNER IN WHICH THE HEARING WILL BE CONDUCTED WITH THE SECRETARY OF THE PRESIDING JUDGE

IN VIRTUAL HEARINGS, THE LINK WILL BE CREATED BY THE SECRETARY OF THE PRESIDING JUDGE AND CIRCULATED TO THE LITIGANTS

OPPOSED MOTION

9A BEFORE THE HONOURABLE JUDGE MANOIM J

9B BEFORE THE HONOURABLE JUDGE HOLLAND-MUTER J

9D BEFORE THE HONOURABLE JUDGE R A SOLOMON AJ

9C BEFORE THE HONOURABLE JUDGE CAJEE AJ

6F BEFORE THE HONOURABLE JUDGE MAHOMED AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE WEPENER J GD BEFORE THE HONOURABLE JUDGE TWALA J GE BEFORE THE HONOURABLE JUDGE LIPHOTO AJ URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE WRIGHT J

9F BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE CARRIM AJ

(2023/000980)

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE FISHER J BEFORE THE HONOURABLE JUDGE HASKINS AJ

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE DOSIO J

11C BEFORE THE HONOURABLE JUDGE DOS THUPAATLASE AJ

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ

RAF DEFAULT JUDGMENT COURT

8C BEFORE THE HONOURABLE JUDGE H LOUW AJ

8D BEFORE THE HONOURABLE JUDGE N HORN AJ

8E BEFORE THE HONOURABLE JUDGE MAKHAMBENI AJ

8F BEFORE THE HONOURABLE JUDGE N MAYET AJ

FULL BENCH APPEALS – CRIMINAL

2B BEFORE THE HONOURABLE JUDGE JOHNSON AJ

AND BEFORE THE HONOURABLE JUDGE DU PLESSIS AJ

AA35/2023 A43/2023 A349/2017 A36/2023

SPECIAL CIVIL TRIAL

8A BEFORE THE HONOURABLE JUDGE NKUTHA-NKONTWANA J

(2021/32569)

8B BEFORE THE HONOURABLE JUDGE ALLY AJ

(2016/43098)

COMMERCIAL COURT

11D BEFORE THE HONOURABLE JUDGE ADAMS J

(2021/26567)

11E BEFORE THE HONOURABLE JUDGE SENYATSI J

2021/55896 2021/57639 2021/51107 2022/1522 2022/9234

GENERAL CIVIL TRIALS

1A BEFORE THE HONOURABLE JUDGE SUTHERLAND DJP

6C BEFORE THE HONOURABLE JUDGE BOTSI-THULARE AJ

GA BEFORE THE HONOURABLE JUDGE MOLELEKI AJ

THE CIVIL TRIAL ROLL BEFORE SUTHERLAND DJP. IN TERMS OF PARAGRAPH 74 OF THE JUDGE PRESIDENT’S DIRECTIVE 02 OF 2022 WHICH CAME INTO EFFECT ON 08 JULY 2022 AND WHICH WAS AMENDED ON 02 DECEMBER 2022, THERE SHALL BE NO PHYSICAL TRIAL ROLL. PARTIES MUST COMPLY STRICTLY WITH THE PROVISIONS OF PARAGRAGH 74 – 88 OF THE ABOVEMENTIONED DIRECTIVE.

PARTIES SHALL BE NOTIFIED OF ALLOCATIONS BY EMAIL.

THE DEFAULT MODE OF HEARING OF CIVIL TRIALS IS THROUGH PHYSICAL COURT.

DUE DATE TO SUBMIT PRACTICE NOTES: MONDAY, 23 OCTOBER 2023

NUMBER ON ROLL	CASE NO	PARTIES	ALLOCATION/ORDER GRANTED
PART A: GENERAL CIVIL TRIALS

1.	2014/36551	NYELELE ALINA NTHATENG VS RAMOTSEHOA MOLEFI PETER	Matter is removed from the trial roll by notice
2.	2020/44558	CATALINA INVESTMENT (PTY)LTD VS GOVERNMENT PENSIONS ADMINISTRATION AGENCY Plaintiff: Adv M Mpakanyane Defendant: Adv H Lusenga Contractual claim for an alleged repudiation of a contract Estimated duration: 2 days	MATTER STANDS TO BE ALLOCATED. THE ALLOCATION WILL OCCUR AS SOON AS A JUDGE BECOMES AVAILABLE. THE PARTIES WILL BE NOTIFIED PER E-MAIL
			WHEN THE
			ALLOCATION
			OCCURS

2022/11221

PILOT LUBRICANTS CC AND 3 OTHERS VS PLATIUM FUEL AND AVIATION (PTY) LTD AND ONE OTHER

Plaintiff: Mr B B Williams (Attorney)

Plaintiffs allege that first and second defendant committed a material breach of the written sale agreement as a result of non-payment

The defendants allege that the plaintiffs made certain misrepresentations to the defendants, that the plaintiffs breached several provisions of the written sale agreement and that the plaintiffs are indebted to the defendants Sale of a business

Merits and quantum Defendants’ erstwhile

attorneys withdrew – new attorneys were appointed shortly before trial date

Defendants’ new attorneys informed plaintiffs’ attorneys that they are not ready and will request a postponement.

The postponement is opposed No postponement application has been received

Pre-trial conference: 02

December 2022

Minutes filed: 14 December 2022

Estimated duration: 3 – 4 days

BOTSI-THULARE AJ

Secretary: Ms J Blake

Email: JBlake@judiciary.org.za

2014/33010

HENRY JOHN SCHOEMAN VS LIBERTY GROUP PROPERTY MANAGEMENT (PTY)

LTD AND 3 OTHERS

Matter is removed from the trial roll by notice

2020/39432

GIURICICH MATHEW VS ITALIAN SPORTING CLUB NPC

Plaintiff: Adv C C Ascar Defendant: Adv R J Bouwer Pre-trial conference: 10

August 2021

Plaintiff seeks judgment arising out of the repayment of a disputed loan on the basis

of the defendant’s breach of a contractual claim

Estimated duration; 3 – 4 days

MOLELEKI AJ

Secretary: Ms L Sithole Email: LoSithole@judiciary.org.za

2019/24741

NATIONWIDE LIQUOR DISTRIBUTION (PTY) LTD VS SAVINO DEL

BENE (SA) (PTY) LTD

Matter is removed from the trial roll by notice

2014/11875

MASUKU NOHLANHLA VS EKURHULENI METROPOLITAN

Plaintiff: Mr P F Ndou (Attorney)

Defendant: Adv A Cook Breach of employment contract

The defendant’s purported defence is that the court has no jurisdiction to hear or deliberate a dispute about the interpretation or application of the collection agreement, however, the defendant has not raised a special plea to this effect

The issue is the breach of contract – the plaintiff contends that both the High Court and the Labour Court have jurisdiction to hear the matter based on breach of contract

SUTHERLAND DJP

Secretary: Ms S Kajee Email: SKajee@judiciary.org.za

8.	2017/48908	ACTISOL 145 CC VS SERYT TYRES (PTY) LTD AND ANTON VAN ROOYEN Plaintiff: Adv C Bekker This is an action for damages against the first and second defendants pursuant to a written credit facility agreement concluded between the plaintiff and first defendant. The second defendant, in signing the credit facility agreement, bound himself as surety and co-principal debtor with the first defendant and is indebted to the plaintiff. The trial proceeds against the second defendant only Pre-trial conference: 13 July 2022 Estimated duration: 1 – 2 days	MATTER STANDS TO BE ALLOCATED. THE ALLOCATION WILL OCCUR AS SOON AS A JUDGE BECOMES AVAILABLE. THE PARTIES WILL BE NOTIFIED PER E-MAIL WHEN THE ALLOCATION OCCURS

PART B: ROAD ACCIDENT FUND
MATTER THAT STOOD DOWN FROM FRIDAY, 27 OCTOBER 2023
T18.	2017/19293	NGWENYA NTOMBIFUTHI MONICA VS ROAD ACCIDENT FUND Plaintiff: Adv R Manzini Defendant: Ms N Moyo Merits and quantum (general damages; past and future loss of earnings) Pre-trial conference: 14 October 2022 Minutes filed: 17 October 2022 Estimated duration; 2 – 3 days	MATTER STANDS TO BE ALLOCATED. THE ALLOCATION WILL OCCUR AS SOON AS A JUDGE BECOMES AVAILABLE. THE PARTIES WILL BE NOTIFIED PER E-MAIL WHEN THE ALLOCATION OCCURS

MATTERS REMOVED FROM THE ROLL BY NOTICE

MATTERS NOT ON THE ROLL, COURT FILES ARE NOT WITH ROLL CALLING JUDGE

1. The civil trial roll is submitted to the Office of the Deputy Judge President by the Registrar approximately nine (09) court days before the trial date and was correct when it reached the Secretary of the Deputy Judge President.

2. The roll received from the registrar’s office is then posted on the website of the Johannesburg Society of Advocates approximately five (05) court days before the trial date, where litigants may inspect the roll.

3. The failure of the registrar to include matters on the roll must be taken up with the Registrar by no later than five (05) court days before the trial date. For that purpose, kindly approach the registrar, Ms N Mvumbi (NMvumbi@judiciary.org.za / 010 494 8399) (Ms T Khumalo is on maternity leave and will only return in 2024) timeously to enquire about the enrolment.

4. If the registrar approves the enrolment, the matter may be enrolled and dealt with. If the registrar declines the enrolment, the parties may apply for a new trial date in terms of the existing Practice Directives.

5. Last-minute enquiries will not be accommodated.