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South Gauteng Court Roll (4 February 2025)

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IN THE HIGH COURT OF SOUTH AFRICA GAUTENG

LOCAL DIVISION, JOHANNESBURG

TUESDAY 04TH FEBRUARY 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 FISHER J

 

Video-link BEFORE THE HONOURABLE JUDGE SIWENDU J

 

Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J

 

9D      BEFORE THE HONOURABLE JUDGE NOKO J

 

9F      BEFORE THE HONOURABLE JUDGE H. VILJOEN AJ

 

UNOPPOSED MOTION

 

GC     BEFORE THE HONOURABLE JUGDE SNYMAN AJ

 

GD     BEFORE THE HONOURABLE JUDGE MABASA AJ

 

GE     BEFORE THE HONOURABLE JUDGE MAHLANGU AJ

 

URGENT APPLICATIONS

 

9A     BEFORE THE HONOURABLE JUDGE WANLESS J

 

9B     BEFORE THE HONOURABLE JUDGE ALLEN AJ

 

SPECIAL MOTION

 

11A  BEFORE THE HONOURABLE JUDGE MUDAU J

2023-095869 2023-120464 2023-128616 2023-133361

 

INCOME TAX COURT

 

BEFORE THE HONOURABLE JUDGE MALI J

(2023/28)   (VAT32803) IT25310

 

FAMILY COURT

 

11B  BEFORE THE HONOURABLE JUDGE LANGE AJ

 

11C  BEFORE THE HONOURABLE JUDGE MEIKLE AJ

 

RAF DEFAULT JUDGMENT

 

8A     BEFORE THE HONOURABLE JUDGE WEIDEMAN AJ

 

8B     BEFORE THE HONOURABLE JUDGE P UYS AJ

 

CIVIL APPEALS

 

11F  BEFORE THE HONOURABLE JUDGE MAHOMED J

AND BEFORE THE HONOURABLE JUDGE MANAMELA AJ

A2024-050533           A2024-080536  A2023-070056

 

CIVIL TRIAL OF LONG DURATION

 

GA     BEFORE THE HONOURABLE JUDGE MAHOSI J

2017/4964

 

1A     BEFORE THE HONOURABLE JUDGE VELE AJ

2022/19251

 

GENERAL CIVIL TRIALS

 

11D  BEFORE THE HONOURABLE JUDGE WRIGHT J

 

GB     BEFORE THE HONOURABLE JUDGE TWALA J

 

8C      BEFORE THE HONOURABLE JUDGE YACOOB J

 

8D     BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

 

11E  BEFORE THE HONOURABLE JUDGE DLAMINI J

 

6A     BEFORE THE HONOURABLE JUDGE RAUBENHEIMER AJ

 

6B     BEFORE THE HONOURABLE JUDGE MOKALE AJ

 

6C     BEFORE THE HONOURABLE JUDGE COMBRINK 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, 28 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.

2016/29235

MULAUDZI PATIENCE LUTENDO VS MINISTER OF POLICE AND ANOTHER

Plaintiff: Adv J M van Rooyen Defendant: Mr K Maile Arrest, detention, assault Quantum (Stated case)

Estimated duration: 1 – 2 days

Pre-trial conference: 22 May 2023

Minutes registered: 22 May 2023

21/08/2023

21/09/2023

 

2.

2021/55340

SIBANGANI NCUBE VS MINISTER OF POLICE AND ANOTHER

03/11/2023

24/01/2024

Matter is removed from the trial roll. A note on the electronic file indicate the trial

date as 04 August 2025.

 

3.

2018/14690

CLEMENT DLAMINI VS FIDELITY SECURITY AND ANOTHER

Plaintiff: Adv D Cloete Defendant: D Rikhotso Delictual claim for damages Merits and quantum (loss of earnings)

Pre-trial conference: 20 March 2023

Minutes filed: 23 March 2023

Estimated duration: 2 – 3 days

03/04/2023

23/06/2023

 

4.

2018/43967

NTHABISENG GLADYS KUTUZA OBO LESEDI KUTUZA VS MEC FOR EDUCATION IN GAUTENG

15/06/2023

19/07/2023

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.

5.

2016/42228

MUZIKAYISE WISEMAN MTHETHWA VS PRASA

Plaintiff: Adv S Tshungu Merits

Pre-trial conference: 28 March 2023

Estimated duration: 3 – 4 days

13/04/2023

27/07/2023

 

PART B: ROAD ACCIDENT FUND

 

 

6.

2019/16920

MATSHIDISO MARIA NDUMO VS ROAD ACCIDENT FUND

Plaintiff: Adv L L Mathebula Defendant: Mr T Ngomana Merits and quantum (general damages; loss of earnings)

Pre-trial conference: 09 November 2023

Minutes filed: 01 February 2024

Estimated duration: 1 – 2 days

14/06/2023

27/07/2023

 

7.

2021/42376

MSHUBI FUNDNI EUCHAT VS ROAD ACCIDENT FUND

Plaintiff: Adv D Strydom Defendant: Ms Y Ramjee

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

Pre-trial conference: 21 October 2022; 13 July 2023

Minutes filed: 04 November 2022; 13

July 2023

Estimated duration: 2 – 3 days

18/03/2023

02/06/2023

 

 

8.

2022/056616

POGISHO JULIA KEDISALETSE OBO B KEDISALETSE VS ROAD ACCIDENT FUND

Plaintiff: Adv A den Hartog Defendant: Mr D Sondlani

Pre-trial conference: 18 July 2023

Minutes filed: 18 July 2023 Quantum (future and past medical expenses; past and future loss of income; general damages) Interpreter to be used

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

01/08/2023

03/11/2023

 

9.

2019/22323

MOHLALA SAMUEL LETHUKO VS ROAD ACCIDENT FUND

Plaintiff: Adv R Liphosa Defendant: Mr T Ngomana

Pre-trial conference: 24 July 2023

Minutes filed: 28 August 2023 Estimated duration: 90 minutes Interpreter to be used

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

28/08/2023

13/10/2023

 

 

10.

2022/21009

JEANETTE AFUNWA VS ROAD ACCIDENT FUND

Plaintiff: Adv D B Molojoa Defendant: Ms N Moyo

Quantum (general damages; past and future loss of earnings) Estimated duration: 1 – 2 days (if evidence led); 2 – 3 hours (if argued)

06/12/2023

08/12/2023

 

11.

2021/34190

NKOSI LWANDILE VS ROAD ACCIDENT FUND

12/12/2023

19/12/2023

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.

12.

2017/24150

SOMORO MANTSEKOANE OBO SOMORO L VS ROAD ACCIDENT FUND

21/08/2023

27/09/2023

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.

13.

2016/33382

ANDREW DE KLERK VS

ROAD ACCIDENT FUND

23/02/2023

31/03/2023

Matter is removed from the

trial roll by notice

 

14.

2022-026594

Court online

SLAUGHTER MARTHA-ANN VS ROAD ACCIDENT FUND

Plaintiff: Adv S Meyer Defendant: Ms N Moyo Quantum (loss of earnings)

Pre-trial conference: 11 April 2023

Minutes filed: 11 April 2023

Estimated duration: 3 – 4 days

12/04/2023

14/06/2023

 

15.

2021/19607

SELALOKE GRACE ZANELE OBO MINOR VS ROAD ACCIDENT FUND

Plaintiff: Adv J M V Malema

Pre-trial conference: 01 March 2023

Minutes filed: 03 March 2023 Quantum (general damages; loss of earnings; earning capacity) Estimated duration: 1 – 2 days

03/03/2023

14/03/2023

 

16.

2021/39547

THWALA MBONGISENI

SOBHUZA VS ROAD ACCIDENT FUND

20/02/2023

14/03/2023

Matter is removed from the trial roll by notice

 

17.

2018/23650

ERNEST FRED VS ROAD ACCIDENT FUND

Plaintiff: Adv A Sewpersath Defendant: Mr L Klaas

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

Pre-trial conference: 10 August 2022

Minutes filed: 24 August 2022

Estimated duration: 2 – 3 days

07/03/2023

14/03/2023

 

18.

2018/20340

MONABE TEBE MONALITY VS ROAD ACCIDENT FUND

Plaintiff: Mr N Makhani

Quantum (general damages; loss of earnings; earning capacity; contingencies)

Estimated duration: 90 minutes

15/03/2023

15/03/2023

 

19.

2019/16516

MADUMO KATLEHO VS ROAD ACCIDENT FUND

Plaintiff: Adv H M de Kock

Pre-trial conference: 28 June 2022

Minutes filed: 19 August 2022 Merits and quantum (past and future loss of earnings; general damages; contingencies)

Estimated duration: 2 – 3 days Interpreter to be used

27/02/2023

14/03/2023

 

 

20.

2016/36944

ZITHE ABEDNIGO VS ROAD ACCIDENT FUND

Plaintiff: Adv Z Khan Defendant: Mr T Ngomana

Quantum (past and future loss of earnings)

Pre-trial conference: 13 January 2023

Estimated duration: 1 – 2 days Interpreter to be used

20/01/2023

14/03/2023

 

21.

2023/000013

MMILISI SINDISWA PATRICIA OBO MMILISI MMUSI VS ROAD ACCIDENT FUND

Plaintiff: Mr M Kutama Defendant: Ms M Madasele Merits and quantum (loss of

earnings; general damages; future medical expenses)

Estimated duration; 1 hour (if argued); 4 hours (if evidence led)

05/04/2024

18/04/2024

 

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.