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South Gauteng High Court Roll (16 May 2023)

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AS ALLOCATED

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

TUESDAY 16TH MAY 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 TWALA J

 

9B BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

 

9C BEFORE THE HONOURABLE JUDGE HOLLAND-MUTER AJ

 

9D BEFORE THE HONOURABLE JUDGE P G LOUW AJ

 

6D BEFORE THE HONOURABLE JUDGE THOMPSON AJ

 

UNOPPOSED MOTION

 

GC   BEFORE THE HONOURABLE JUDGE FISHER J

GD  BEFORE THE HONOURABLE JUDGE DE VOS AJ

GE BEFORE THE HONOURABLE JUDGE M VAN NIEUWENHUIZEN AJ

 

URGENT APPLICATIONS

 

Video-link BEFORE THE HONOURABLE JUDGE FRANCIS J

9F   BEFORE THE HONOURABLE JUDGE WILSON J


SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

2021/46964

 

INCOME TAX COURT

 

BEFORE THE HONOURABLE JUDGE KEIGHTLEY J

 

FAMILY COURT

 

Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

11C BEFORE THE HONOURABLE JUDGE KUNY J


FULL BENCH APPEALS: CIVIL

 

11A BEFORE THE HONOURABLE JUDGE MOLOPA-SETUSHI J AND BEFORE THE HONOURABLE JUDGE OPPERMAN J A3138/2019 A3148/2021

 

APPLICATION FOR LEAVE TO APPEAL

 

8B BEFORE THE HONOURABLE JUDGE ADAMS J  09H30

MILES & ANOTHER v MILES & ANOTHER - CASE NO: 26838/2021

 

SETTLEMENT COURT

 

Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J 11C BEFORE THE HONOURABLE JUDGE KUNY J

SETTLEMENT COURT

 

1A BEFORE THE HONOURABLE MUDAU J

 

SPECIAL TRIAL INTERLOCUTORY COURT

 

GB BEFORE THE HONOURABLE JUDGE WINDELL J

 

COMMERCIAL COURT

 

11D BEFORE THE HONOURABLE JUDGE WEPENER J

2014/42448

 

Offsite facility BEFORE THE HONOURABLE JUDGE MANOIM J

2020/20232

 

LONG CIVIL TRIAL

 

8C BEFORE THE HONOURABLE JUDGE MAHALELO J

2015/15812

 

8B BEFORE THE HONOURABLE JUDGE STRIJDOM AJ

(2016/00121)

 

8A BEFORE THE HONOURABLE JUDGE MAHOMED AJ

2016/27435

 

8E BEFORE THE HONOURABLE JUDGE WANLESS AJ

 

8D BEFORE THE HONOURABLE JUDGE CARRIM AJ

 

GENERAL CIVIL TRIALS

 

6C BEFORE THE HONOURABLE JUDGE KEIGHTLEY J Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR

BEFORE THE HONOURABLE JUDGE DOSIO J

(Sick leave)

 

11E BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

 

2D BEFORE THE HONOURABLE JUDGE A LOUW AJ

 

6F  BEFORE THE HONOURABLE JUDGE T ENGELBRECHT AJ GA   BEFORE THE HONOURABLE JUDGE F OPPERMAN AJ

6A BEFORE THE HONOURABLE JUDGE KAZEE AJ


THE CIVIL TRIAL ROLL BEFORE SUTHERLAND ADJP. 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 PARAGRAPHS 74 – 88 OF THE ABOVEMENTIONED DIRECTIVE.

 

PARTIES SHALL BE NOTIFIED OF ALLOCATIONS BY EMAIL.

LITIGANTS ARE REMINDED OF THE DIRECTIVE DATED 25 JANUARY 2023 WHICH SETS OUT THE ARRANGEMENTS REGARDING THE MODE OF HEARING. PLEASE LIAISE WITH THE JUDGE’S SECRETARY TO WHOM THE MATTER IS ALLOCATED

 

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

 

DUE DATE TO SUBMIT PRACTICE NOTES: TUESDAY, 09 MAY 2023


NUMBER ON

ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

 

1.

2019/33807

OMPIE BEN SELUME v MINISTER OF POLICE

Plaintiff: Adv R V Mudau Defendant: Adv M Mkhatshwa Estimated duration: 2 days Arrest, detention, malicious prosecution

Separation of issues

A LOUW AJ

Secretary: Mr T Mmakola E-mail:

TMmakola@judiciary.org.za

 

2.

2021/35902

BLOWN FIBRE LTD v MISHEBE PROJECTS (PTY) LTD

Plaintiff: Adv R Pottas Defendants’ attorneys withdrew Recovery of debt in terms of a credit agreement (the NCA does not apply due to it being a large agreement) and deeds of surety pursuant to goods sold and delivered.

3rd defendant seeks a postponement on basis that he does not have funds for legal representation. Postponement is opposed

After another pre-trial conference, 3rd defendant indicated he wish to settle matter to curb legal costs and no longer seek postponement Parties are engaged in settlement negotiations Estimated duration: 1 – 2 days

DIPPENAAR J

Secretary: Ms J Blake E-mail:

JBlake@judiciary.org.za

3.

2020/16557

MANTSANA JOSINAH MOGALE v MALESELA SIMON MOGALE

No practice note was uploaded to the electronic file – Matter is struck off

from the trial roll.

4.

2018/27381

DINA JOHANNA CATHRINA BOTES v NOSINOTHI SELINA XHANTINI NO

Plaintiff: Adv J Killian Defendant: Adv N Jongani Special plea of prescription raised by the defendant against the plaintiff’s claim for compensation for alleged breach of mandate by Ivy Xhantini (Xhantini). The defendant is the executor of

the deceased’s estate.

The plaintiff’s claim against the defendant arises from an alleged breach of mandate between Xhantini to institute action against the RAF. The plaintiff alleges that Xhantini failed to prosecute the mandate and as a result the claim allegedly prescribed.

Estimated duration: 1 day

WANLESS AJ

Secretary: Mr C Mabunda E-mail:

CLMabunda@judiciary.org.za


5.

2019/33806

ATHENKOSI TAFENI v MINISTER OF POLICE

Plaintiff: Adv D F Makhubele Estimated duration: 4 days Arrest, detention, malicious prosecution

T ENGELBRECHT AJ

Secretary: Mr S Moloi E-mail:

SMoloi@judiciary.org.za

5A

2020/8091

MATTHEUS JOHANNES BOTHA v MOTHLE

JOOMA SABDIA INC

Matter is removed from the trial roll by notice

5B

2019/40947

BUTHELEZI MAXWELL v MINISTER OF POLICE

Plaintiff: Adv J Luvuno Defendant: Adv B Mashele Arrest, detention, defamation, damage to property

Special pleas:

Non-compliance with section 4 of Act 40 of 2002;

Non-compliance with section 5 of Act 40 of 2002 read with section 2 of the State Liability Act 20 of 1957;

Merits and quantum

Pre-trial conference: 20 July 2022

Minutes registered: 05 August 2022

Estimated duration: 1 – 2 days (if argued); 2 – 3 days (if evidence led)

MAHOMED AJ

Secretary: Ms K Mofikwe E-mail:

KMofikwe@judiciary.org.za

5C

2017/8283

CHAUMBA IVY TENDI v PRASA

Plaintiff: Ms L R Molope- Madondo

Defendant: Adv S G Maritz Quantum (general damages; loss of earnings; earning capacity; future medical expenses)

Pre-trial conference: 16 March 2022

Minutes registered: 28 March 2022

Estimated duration: 2 – 3 days

KEIGHTLEY J

Secretary: Ms Y Jooma E-mail:

YJooma@judiciary.org.za

 

 

 

 

 

 

 

 

PART B: ROAD ACCIDENT FUND

 


6

2018/40170

ADV NDLOVUKAZI SIKHAKANE NO obo SIBUSISO MAFUWE v ROAD ACCIDENT FUND

Plaintiff: Adv L Mfazi Defendant: Mr E M Mdlovu Curator ad litem: Adv N Sikhakhane NO

Quantum (Loss of support) Pre-trial conference: 29

September 2021

Certification conference: 17

November 2021

Estimated duration: half day

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

7

2020/32794

MKANSI SALAMINAH v ROAD ACCIDENT FUND

Plaintiff: Adv M C Phathela Defendant: Mr E M Mdlovu Quantum (general damages; loss of income; earning capacity; future medical expenses)

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

8

2020/41986

MALIMANI MONWABISI v ROAD ACCIDENT FUND

No practice note was uploaded to the electronic file – Matter is struck off

from the trial roll.

 

9

2018/28202

TSUSI THABANA DENNIS v ROAD ACCIDENT FUND

Plaintiff: Adv K T Ntsewa Defendant: Ms N Moyo Quantum (future medical expenses; general damages; past and future loss of earnings)

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

10

2017/31780

NONKOSI OFONEKE v ROAD ACCIDENT FUND

No practice note was uploaded to the electronic file – Matter is struck off

from the trial roll.

11

2021/42564

MONTSHOSI MMAPHEGI SUZAN v ROAD ACCIDENT FUND

Plaintiff: Mr H Schouten Defendant: Ms M B More Merits and quantum (future medical expenses; general damages; past loss of earnings; future loss of earnings; earning capacity) Pre-trial conference: 05 April 2022

Minutes registered: 11 May 2022

Estimated duration: 1 – 2 days

Certification conference: 11

August 2022

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


12

2019/19557

MAKHETHA MATSELISO ALINAH v ROAD ACCIDENT FUND

Plaintiff: Adv L M Mataboge Defendant: Mr T Naidoo Merits and quantum (general damages)

Pre-trial conference: 22 March 2022

Minutes registered: 05 May 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

13

2019/37275

PHIRI YAMIKANI v ROAD ACCIDENT FUND

Plaintiff: Adv Z Khan Defendant: Ms N Mhlongo Estimated duration: 2 – 3 days Merits and quantum (general damages; past and future loss of earnings)

Certification conference: 24

August 2022

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


14

2019/17325

KINGSLEY MATSHEBELE v ROAD ACCIDENT FUND

Plaintiff: Adv R N Ngobeni Defendant: Mr M Khan Estimated duration: 1 – 2 days Quantum (future loss of earnings; earning capacity)

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 T. Khumalo (TKhumalo@judiciary.org.za / 010 494 8397) 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.