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South Gauteng Court Roll (28 January 2025)

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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

TUESDAY 28TH 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 DLAMINI J

 

GD     BEFORE THE HONOURABLE JUDGE WANLESS J

 

GE     BEFORE THE HONOURABLE JUDGE E DU PLESSIS J

 

URGENT APPLICATIONS

 

9A     BEFORE THE HONOURABLE JUDGE WRIGHT J

 

9B     BEFORE THE HONOURABLE JUDGE TWALA J

 

SPECIAL MOTION

 

BEFORE THE HONOURABLE JUDGE FISHER J

 

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

 

CIVIL APPEALS

 

11F  BEFORE THE HONOURABLE JUDGE NOKO J

 

AND BEFORE THE HONOURABLE JUDGE NTLAMA-MAKHANYA AJ

A2024-040877           A2023-043983  A2024-092143

 

CIVIL TRIALS OF LONG DURATION

 

GA     BEFORE THE HONOURABLE JUDGE ALLEN AJ

2022/10573

 

11C  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: TUESDAY, 21 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.

2020/22098

ANDISWA DLEPU VS MINISTER OF POLICE

Plaintiff: Mr M Tengwa Defendant: Mr Khampa Shooting

Merits and quantum (general damages; past and future loss of earnings; future medical expenses)

19/06/2023

13/07/2023

MAHLANGU AJ

Secretary: Mr T Senoko

Email: TSenoko@judiciary.org.za

2.

2020/38012

LIZETTE CONAMIE VAN

03/03/2023

14/06/2023

VELE AJ

 

 

ROSS VS MINISTER OF

 

 

Secretary: Mr R Munonela

 

 

POLICE

 

 

Email: RMunonela@judiciary.org.za

 

 

Plaintiff: Adv L Swart

 

 

 

 

 

Defendant: Mr C Setlhatlole

 

 

 

 

 

Arrest, detention

 

 

 

 

 

Pre-trial conference: 23 February

 

 

 

 

 

2023

 

 

 

 

 

Minutes filed: 23 March 2023

 

 

 

 

 

Estimated duration: 2 – 3 days

 

 

 

 

 

There is a possibility that the

 

 

 

 

 

defendant might request a

 

 

 

 

 

postponement

 

 

 

 

 

Merits and quantum

 

 

 

 

3.

2017/12636

SIDNEY MATOME MARUTHA VS MINISTER OF POLICE

Plaintiff: Mr M N Mkansi Defendant: Adv M Makhoebe Arrest, detention

Estimated duration: 4 days

Pre-trial conference: 22 February 2023

30/05/2023

15/06/2023

DOMINGO AJ

Secretary: Mr T Makheda

Email: TMakheda@judiciary.org.za

3A

2019/32682

MAKATENG BOTLENYANA URSULA v MEC FOR HEALTH, GAUTENG

Plaintiff: Mr S Oberholzer Defendant: Adv L Tyatya Quantum (general damages obo herself and in her representative capacity; funeral expenses)

Pre-trial conference: 30 August 2022; 20 January 2025

Estimated duration: 1 – 2 days

 

 

SNYMAN AJ

Secretary: Ms F Leremi

Email: FLeremi@judiciary.org.za

PART B: ROAD ACCIDENT FUND

 

 

4.

2021/58283

LIZL SMITH N.O OBO LESEGO MAKONDO VS ROAD ACCIDENT FUND

Plaintiff: Adv J C Prinsloo Defendant: Ms M B More Quantum (past medical expenses; future loss of income)

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

*Counsel for the Plaintiff resides in Hoedspruit in Limpopo

17/03/2023

02/04/2023

DIPPENAAR J

Secretary: Ms J Blake

Email: JBlake@judiciary.org.za

5.

2017/39359

NDEBELE JIM SICOCO VS ROAD ACCIDENT FUND

Plaintiff: Adv A Kutama Defendant: Ms P Nziyanziya

Pre-trial conference: 27 February 2023

Minutes filed: 01 March 2023 Estimated duration: 90 Minutes Interpreter to be used

Quantum (general damages; past and future medical expenses; loss of earnings)

15/03/2023

17/03/2023

ALLEN AJ

Secretary: Mr J Letsoalo

Email: JLetsoalo@judiciary.org.za

 

6.

2019/2252

SITHOLE THANDIWE FLORENCE OBO MINOR VS ROAD ACCIDENT FUND

Plaintiff: Adv L B Pilusa Defendant: Ms N Mhlongo Merits and quantum (general

damages; loss of earnings; earning capacity)

Pre-trial conference: 03 March 2023

Minutes filed: 08 March 2023 Estimated duration: 3 days (if evidence led); 90 minutes (if argued) Interpreter to be used

09/03/2023

18/03/2023

MOKOTEDI AJ

Secretary: Mr S Maja

Email: SMaja@judiciary.org.za

7.

2019/21471

LEGODI FISANI MDUDUZI OBO ASANDA BUHLE VS ROAD ACCIDENT FUND

Plaintiff: Adv J Erasmus

Merits and quantum (future loss of earnings; past and future medical expenses; general damages)

Pre-trial conference: 11 January 2023

Minutes filed: 11 January 2023 Estimated duration: 1 day (if evidence led); 2 hours (if argued)

23/01/2023

18/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

8.

2021/54844

BOPAPE MAMOTJAU ISAAC VS ROAD ACCIDENT FUND

Plaintiff: Adv D B Molojoa Defendant: Ms N Mhlongo Quantum (general damages; future medical expenses; past and future loss of earnings)

Estimated duration: 1 – 2 days (if evidence led); 3 hours (if argued) Pre-trial conference: 31 October 2022

06/03/2023

17/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

9.

2019/38663

MANGE MARGARET NOMSA VS ROAD ACCIDENT FUND

Plaintiff: Adv H M de Kock Defendant: Ms M B More

Quantum (general damages; loss of earnings)

Pre-trial conference: 26 August 2022

Minutes filed: 30 August 2022

Estimated duration: 1 – 2 days Interpreter to be used

10/03/2023

17/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

10.

2021/8305

DANY TOKO VS ROAD ACCIDENT FUND

Plaintiff: Adv N Motala Defendant: Ms S Ameersingh

Merits and quantum (future medical expenses; loss of earnings)

Pre-trial conference: 21 April 2022;

24 January 2023; 06 November

2024

Minutes filed: 09 May 2022; 15

February 2023; 11 November 2024 Estimated duration: 2 – 3 days (if evidence led); 1 day (if argued)

16/03/2023

17/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

11.

2020/4210

MUKONOWESHURO VS LILIAN VS ROAD ACCIDENT FUND

Plaintiff: Adv R Oosthuizen Defendant: Ms R David Quantum (loss of earnings)

Pre-trial conference: 27 July 2022;

03 March 2023

Estimated duration: 1 – 2 days

10/03/2023

17/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

12.

2017/10254

SIMBINE CARLOS RAFAEL

VS PRASA

31/03/2023

15/06/2023

Matter is removed from the trial

roll by notice

 

13.

2022/026620

MAHLANGU INNOCENT BONGANI VS ROAD ACCIDENT FUND

Plaintiff: Adv S Tshungu Defendant: Ms M Madasela Quantum (past and future loss of earnings; earning capacity; future medical expenses; general damages)

Pre-trial conference: 28 August 2023

Estimated duration: 1 – 2 days

04/09/2023

18/10/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

14.

2022/31543

VINCENT NCEBA DZAI VS ROAD ACCIDENT FUND

19/06/2023

18/09/2023

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.

 

15.

2019/23207

ADV JOHANNES CHRISTIAAN PRINSLOO N.O OBO NQOBIZITHA NKULULEKO NDEBE VS ROAD ACCIDENT FUND

Plaintiff: Adv A den Hartog Defendant: Mr T Ngomana

Merits and quantum (future and past medical expenses; past and future loss of income; general damages) Pre-trial conference: 23 June 2021;

14 October 2022; 28 August 2023;

15 November 2023

Estimated duration: 2 – 3 hours (if argued); 2 – 5 days (if evidence led)

26/04/2023

31/05/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

16.

2020/18611

MALKI ZAYNAH VS ROAD ACCIDENT FUND

Plaintiff: Adv D Combrink Defendant: Mr E M Mdlovu Quantum (past and future loss of income; general damages; future medical expenses)

Pre-trial conference: 13 November 2024

Estimated duration: 4 – 5 hours (if argued); 4 – 5 days (if evidence led)

24/01/2023

08/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

17.

2020/38660

SMALL MARLENE VS ROAD ACCIDENT FUND

Plaintiff: Mr S Oberholzer Defendant: Ms S Ameersingh Quantum (future medical expenses; past and future loss of earnings; earning capacity; general damages) Estimated duration: 1 day (if argued); 2 – 3 days (if evidence led)

02/03/2023

11/03/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

 

18.

2023/059797

MAQUME BONGIWE OBO MAQUME PHELO MICHAEL VS ROAD ACCIDENT FUND

Plaintiff: Adv H Botha SC Defendant: Ms S Ameersingh Merits and quantum (loss of earnings; general damages)

Pre-trial minutes filed: 14 September 2023

Estimated duration: 1 – 4 days

21/06/2023

22/07/2023

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 CROWDED OUT: IF ANY MATTER RIPE FOR TRIAL CANNOT BE ALLOCATED TO A JUDGE, THE MATTER SHALL STAND OVER UNTIL THE NEXT

COURT DAY

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.