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South Gauteng Court Roll (27 January 2025)

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AS ALLOCATED

 

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG

LOCAL DIVISION, JOHANNESBURG

MONDAY 27TH JANUARY 2024

 

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

 

9C     BEFORE THE HONOURABLE JUDGE MUDAU J

 

9D     BEFORE THE HONOURABLE JUDGE MILLAR J

 

9E     BEFORE THE HONOURABLE JUDGE WILSON J

 

9F      BEFORE THE HONOURABLE JUDGE RAUBENHEIMER AJ

 

8E     BEFORE THE HONOURABLE JUDGE AUCAMP AJ

 

8F      BEFORE THE HONOURABLE JUDGE A. D’OLIVEIRA AJ

 

UNOPPOSED MOTION

 

GC     BEFORE THE HONOURABLE JUGDE YACOOB J

 

GD     BEFORE THE HONOURABLE JUDGE SENYATSI J

 

GE     BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

 

URGENT APPLICATIONS

 

9A     BEFORE THE HONOURABLE JUDGE WRIGHT J

 

9B     BEFORE THE HONOURABLE JUDGE TWALA J

 

SPECIAL MOTION

 

8D     BEFORE THE HONOURABLE JUDGE FISHER J

2024-077748

 

INCOME TAX COURT

 

BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

 

FAMILY COURT

 

11B BEFORE THE HONOURABLE JUDGE ABRO AJ

 

Video-link BEFORE THE HONOURABLE JUDGE GOODENOUGH AJ

 

SPECIAL INTERLOCUTORY COURT

 

GB     BEFORE THE HONOURABLE JUDGE MINNAAR AJ

 

RAF DEFAULT JUDGMENT COURT

 

8A     BEFORE THE HONOURABLE JUDGE WEIDEMAN AJ

 

8B     BEFORE THE HONOURABLE JUDGE MANAMELA AJ

 

CRIMINAL APPEALS

 

6F      BEFORE THE HONOURABLE JUDGE ISMAIL J

 

AND BEFORE THE HONOURABLE JUDGE MAKAMU J

A69/2024           A80/2023  A144/2023 A93/2024              A97/2024                         A92/2024

 

CIVIL TRIALS OF LONG DURATION

 

GA     BEFORE THE HONOURABLE JUDGE ALLEN AJ

2022/10573

 

BEFORE THE HONOURABLE JUDGE SNYMAN AJ

 

1A     BEFORE THE HONOURABLE JUDGE MABASA AJ

2018/21491

 

GENERAL CIVIL TRIALS

 

11A  BEFORE THE HONOURABLE JUDGE ADAMS J

 

8E     BEFORE THE HONOURABLE JUDGE SIWENDU J

 

Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J

 

11E   BEFORE THE HONOURABLE JUDGE MAHLANGU AJ

 

11D  BEFORE THE HONOURABLE JUDGE VELE AJ

 

6B     BEFORE THE HONOURABLE JUDGE DOMINGO AJ

 

6A     BEFORE THE HONOURABLE JUDGE MOKOTEDI AJ

 

6C     BEFORE THE HONOURABLE JUDGE GEORGIADES AJ

 

THE CIVIL TRIAL ROLL BEFORE SUTHERLAND DJP.

 

THERE SHALL BE NO PHYSICAL TRIAL ROLL CALL.

 

PARTIES MUST COMPLY STRICTLY WITH THE PROVISIONS OF PARAGRAGH 19 OF THE REVISED CONSOLIDATED PRACTICE DIRECTIVE 01 OF 2024 (With

effect from 26 February 2024 and amended on 12 June 2024)

 

Regarding Practice Notes:

 

1.       What is envisaged is a practice note filed shortly before the trial after a last check on whether a trial is necessary at all, and if so, how expeditiously can it be conducted. Axiomatically this assessment can only be made shortly before trial.

 

2.       In several instances, a practice note is filed months before the trial date. This is of no value in declaring the status quo on the eve of trial. When matters are struck off because no recent practice note was filed, parties are understandably disappointed. The recent practice note is critical to the optimal utilisation of court time, and it must therefore be so that it must indeed be recent.

 

3.       Litigants’ attention is drawn to paragraphs 19.3, 19.4 and 19.5 of Practice Directive 01 of 2024 which came

into effect from 26 February 2024 and which were amended on 12 June 2024. The practice note, prepared in accordance with the practice note templates annexed to the Directive must be uploaded not earlier than 7 court days and not later than 5 court days before the hearing set-down. If no practice note is timeously uploaded (or uploaded after the cut-off date), the matter shall automatically be removed from the roll, and the date forfeited. If the practice note is non-compliant with the practice manual or Practice Directive 01 of 2024, the matter shall be automatically removed and similarly the date forfeited. The provision shall be strictly applied.

 

4.       LAST DATE TO SUBMIT PRACTICE NOTES: MONDAY, 20 JANUARY 2025

 

 

JUDGES, ACTING JUDGES AND LITIGANTS ARE REMINDED OF CHAPTER 6.9 OF THE PRACTICE MANUAL DATED OCTOBER 2018 WHICH DEALS WITH THE PROCEDURE TO ENROLL PART-HEARD CIVIL TRIALS

NOTE ON CIVIL TRIALS WHERE ON THE DAY IT IS CALLED THE PARTIES ANNOUNCE A DESIRE TO SETTLE

 

1.       Judges and Acting Judges serving in the civil trial court must be circumspect when confronted by parties who seek a stand-down to settle.

2.       Valuable judicial time is squandered whilst waiting on an agreement to be produced, if at all.

3.       The standard procedure is that if a trial is not ready to run at 10h00 on the set down date it should be removed with no costs order. The judge is then available to take the next case.

4.       In a case where the parties do settle in that week, an agreement can be brought to the judge who was presiding for it to be made an order. If settled later, the opportunity to re-enrol it on the settlement roll on one weeks’ notice remains available

5.       The cases awaiting a judge’s attention must not be left to linger and risk being crowded out.

The abuse by parties is particularly prevalent in RAF cases.

 

NUMBER ON ROLL

CASE NO

PARTIES

DATE TRIAL

DATE APPLIED FOR

DATE TRIAL DATE GRANTED

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

 

1.

2022-031484

ELSA SCHEEPERS VS WE BUY CARS (PTY) LTD

Plaintiff: Adv A Vosloo-De Witt 1st Defendant: Mr A Prinsloo 2nd Defendant: Adv J W Steyn

Delictual claim for injuries sustained when a chair broke and the plaintiff fell

Pre-trial conference: 20 June 2023;

10 December 2024

Estimated duration: 2 – 3 days

20/07/2023

24/10/2023

DOMINGO AJ

Secretary: Mr T Makheda

Email: TMakheda@judiciary.org.za

 

The parties filed a Notice of Withdrawal and a Notice of Removal

2.

2020/28727

NETWORK LEADERSHIP (PTY) LTD VS LOMBARD

INSURANCE COMPANY LTD

31/08/2023

14/10/2023

Matter is removed from the trial roll by notice

 

3.

2019/10389

PRIME TRADE FINANCE (RF)(PTY) LTD VS GERHARDUS MARTHINUS PETRUS DELPORT

Plaintiff: Adv E Fasser Defendant: Adv P Strathern SC

Damages arising from (1) an alleged breach of contract concluded between the plaintiff and defendant,

(2) alternatively an alleged breach of statutory fiduciary duties owed by the defendant to the plaintiff, (3) further alternatively alleged culpable misrepresentations made by the defendant to the plaintiff, as well as

(4) an order declaring the defendant a delinquent director.

Pre-trial conference: 08 August 2023

Minutes filed: 29 September 2023

Estimated duration: 4 – 5 days

19/10/2023

30/10/2023

ADAMS J

Secretary: Ms G Dlamini

Email: GDlamini@judiciary.org.za

 

4.

2022/16725

BHBW SOUTH AFRICA (PTY) LTD VS NABIELAH HARDWARE CC AND OTHERS

Plaintiff: Adv M D Silver Defendant: Adv M van Staden Rental agreement in respect of a

forklift and deeds of suretyship. The claim is for payment of arrear rental and damages for breach. The defendants’ counterclaim is for a declaration that the agreement is void and that it be set aside and restitution of payment made. The defendants’ also raised a defence based on the Conventional Penalties Act 15 of 1962

Pre-trial conference: 03 July 2024

Minutes filed: 15 July 2024 Estimated duration: 3 days

21/09/2023

30/10/2023

DIPPENAAR J

Secretary: Ms J Blake

Email: JBlake@judiciary.org.za

5.

2021/3496

LUVUYO GLADNESS MAGIBISELA AND OTHERS VS THE COUNCIL OF EKURHULENI AND OTHERS

Plaintiff: Adv M Mthombeni Merits

Electrocution and death of minor child

Estimated duration: 2 – 3 days

23/10/2023

26/10/2023

MOKOTEDI AJ

Mr S Maja

Email SMaja@judiciary.org.za

 

6.

2021/25994

VENTER MARKUS AND OTHER VS BOATING INTERNATIONAL CC AND

OTHER

30/08/2023

18/10/2023

The action is withdrawn by notice, the matter having been settled

7.

2014/23347

HECTOR PAREDES TARAZONA VS WORLEY PARSONS SOUTH AFRICA (PTY) LTD

Plaintiff: Adv A Bishop Defendant: Adv J Potter

Contractual dispute – payment of the plaintiff’s retention bonus and notice payout in terms of his South African employment contract with the defendant. The amount claimed is calculated from 30 April 2014, together with costs.

Defendant recently became aware that the plaintiff no longer reside in South Africa and does not have property in this country. The defendant has filed a Rule 47 notice for security for costs.

Pre-trial conference: 18 April 2023 Estimated duration: 5 days

09/06/2023

18/10/2023

GEORGIADES AJ

Secretary: Ms K Ramokgola

Email: KoRamokgola@judiciary.org.za

 

8.

2015/20272

PATRICIA MOLOI AND OTHERS VS BENONO GOLD MINE SAND AND STONE AKA BGM SAND AND STONE AND OTHERS

13/10/2023

23/01/2024

No practice note (as set out in paragraphs 19.3, 19.4 and 19.5 of the Judge President’s Practice Directive 01 of 2024 as

amended on 12 June 2024) was uploaded to the electronic file – Matter is struck off from

the trial roll.

PART B: ROAD ACCIDENT FUND

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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) 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.