Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng Court Roll (10 March 2025)

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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

MONDAY 10 MARCH 2025

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 MAHOSI J

9D BEFORE THE HONOURABLE JUDGE S. KRUGER AJ

9F BEFORE THE HONOURABLE JUDGE M. DE OLIVEIRA AJ

8F BEFORE THE HONOURABLE JUDGE G. LOUW A J

8E BEFORE THE HONOURABLE JUDGE AUCAMP AJ

8D BEFORE THE HONOURABLE JUDGE STYLIANOU AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE MABESELE J

GD BEFORE THE HONOURABLE JUDGE E DU PLESSIS J

GE BEFORE THE HONOURABLE JUDGE MFENYANA J

URGENT APPLICATIONS

9A BEFORE THE HONOURABLE JUDGE MANOIM J

9B BEFORE THE HONOURABLE JUDGE NOKO J

SPECIAL MOTION

11A BEFORE THE HONOURABLE JUDGE WANLESS J

2023-132153

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE FISHER J

(IT46335; IT46145)

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

11C BEFORE THE HONOURABLE JUDGE MAHOMED J

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE DLAMINI J

RAF DEFAULT JUDGMENT COURT

8A BEFORE THE HONOURABLE JUDGE WEIDEMAN AJ

8B BEFORE THE HONOURABLE JUDGE JORGE AJ

CRIMINAL APPEALS

4D BEFORE THE HONOURABLE JUDGE KUNY J

AND BEFORE THE HONOURABLE JUDGE MOOSA J

A36/2024

Palm Ridge BEFORE THE HONOURABLE JUDGE MAKAMU J

AND BEFORE THE HONOURABLE JUDGE ALLEN AJ A68/2024 A107/2023

FULL COURT APPEALS: CRIMINAL

4E BEFORE THE HONOURABLE JUDGE STRYDOM J

AND BEFORE THE HONOURABLE JUDGE MIA J

AND BEFORE THE HONOURABLE JUDGE DOSIO J A53/2023

CASE MANAGEMENT

11F BEFORE THE HONOURABLE JUDGE SENYATSI J

2021/16124 ANTONY LOUIS MOSTERT NO v SABLE GROUP HOLDINGS (PTY) LTD

CIVIL TRIAL OF LONG DURATION

1A BEFORE THE HONOURABLE JUDGE VAN ASWEGEN AJ

GA BEFORE THE HONOURABLE JUDGE P J DU PLESSIS AJ

2021/58672

11E BEFORE THE HONOURABLE JUDGE VERMAAK AJ

2021/13178

GENERAL CIVIL TRIALS

11D BEFORE THE HONOURABLE JUDGE WRIGHT J BEFORE THE HONOURABLE JUDGE DIPPENAAR J

4B BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

8C BEFORE THE HONOURABLE JUDGE WILSON J

6A BEFORE THE HONOURABLE JUDGE MANAMELA AJ

6B BEFORE THE HONOURABLE JUDGE NTLAMA – MAKHANYA AJ

6C BEFORE THE HONOURABLE JUDGE LIEBENBERG AJ

2F BEFORE THE HONOURABLE JUDGE MNYATHELI 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, 03 MARCH 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

2020/12145

DRAKENSTEIN MUNICIPALITY VS GUARDRISK ALLIED PRODUCTS AND SERVICES

Plaintiff: Adv E Fagan SC and Adv A Price

Defendant: Adv R Stockwell SC

The plaintiff instituted action against the first defendant, alternatively the second defendant, for damages arising from losses suffered consequent upon (1) a fire at Grysbok flats on 10 December 2017 (the Grysbok fire) and (2) a fire at the Parys electricity substation on 05 February 2018 (the Parys fire).

The claims against the first defendant are based on the first defendant’s repudiation of the plaintiff’s claims, which claims were lodged in terms of an insurance agreement concluded by the plaintiff and the first defendant and which was in force from 01 July 2017 to 30 June 2018 (the insurance agreement). The claims were in respect of the plaintiff’s damages arising from the Grysbok fire and its damages arising from the Parys fire. There are alternative claims against the second defendant, but they are not germane to the present hearing. Separation of issues – the first

defendant’s time-bar defence, in

07/10/2023

24/10/2023

WILSON J

Secretary: Mr T Chauke Email: TiChauke1@judiciary.org.za

terms of clause 7 of the general conditions of the insurance agreement, raised against both the Grysbok claim and the Parys claim, was to be determined separately and in advance of any remaining questions in dispute between the parties

Plaintiff’s application for leave to amend opposed by first defendant Pre-trial conference: 14 January 2022; 26 September 2022

Minutes filed: 07 February 2022; 12

October 2022

Estimated duration: 5 days

2016/25234

CHAITOWITZ ALEXANDER VS JHB ROADS AGENCY AND OTHER

07/10/2023

24/10/2023

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.

2018/4956

SIBIYA BONGANI VS CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

Plaintiff: Adv M Fisher Defendant: Ms M Holl; Mr J Govender (Attorneys)

Claim for damages arising from injuries sustained as a result of the plaintiff falling into an open manhole Merits and quantum (general damages; loss of earnings; future medical expenses)

Pre-trial conference: 04 November 2022; 12 September 2023; 25

February 2025

Minutes filed: 26 January 2023; 02

October 2023; 27 February 2025

Estimated duration: 1 – 2 days Interpreter to be used

19/07/2023

13/10/2023

VAN ASWEGEN AJ

Secretary: Mr R Munonela Email: RMunonela@judiciary.org.za

2017/31702

ZANTON MELVYN THOMAS VS MINISTER OF POLICE AND TWO OTHERS

Plaintiff: Mr J Keyser Defendant: Mr D Mphephu Arrest; detention; loss of income Pre-trial conference: 03 October 2023

Minutes filed: 03 October 2023

Estimated duration: 3 – 4 days

22/08/2023

24/10/2023

MANAMELA AJ

Secretary: Mr M Molele

Email: MoMolele@judiciary.org.za

2021/54783

HOLLARD LIFE ASSURANCE COMPANY LIMITED VS THE ADVICE NETWORK INDEPENDENT (PTY) LTD

Plaintiff: Adv M Mpakanyane Breach of Contract

Estimated duration: 1 – 2 days

Pre-trial conference: 21 September 2023

20/10/2023

07/11/2023

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 timeously to the electronic file. The Notice of Set Down was not served and filed timeously – Matter is struck off

from the trial roll.

2010/21786

KIM WARREN RAMBAU AND

ASSOCIATES VS WARWICK DAVID SNEIDER

15/09/2023

27/11/2023`

Matter is removed from the trial roll by notice

2017/5611

MNYEMBANE SIVUYILE HAPPY VS PRASA

Plaintiff: Adv S Tshungu Defendant: Adv J M V Malema Quantum (general damages; past and future loss of earnings; contingencies; future medical expenses)

Estimated duration: 2 – 3 days

03/03/2023

13/03/2023

WRIGHT J

Secretary: Ms M Vukeya

Email: MVukeya@judiciary.org.za

2022/14227

RACHEL ELIZABETH GRUNEWALD VS RENEILWE MOSIMA TLADI MASEKOAMENG

Plaintiff: Adv J A du Plessis Defendant: Adv M Rodrigues Damages claim emanating from a motor vehicle collision that occurred on 26 November 2020

Merits

Estimated duration: 2 – 3 days Pre-trial conference: 24 February 2023; 22 May 2023; 28 February

2025

Minutes filed: 28 February 2025

21/06/2023

13/10/2023

LIEBENBERG AJ

Secretary: Ms Z Twaku

Email: ZTwaku@judiciary.org.za

2022-046090

Court Online

NKOSINATHI SHEZI VS LERATO VANESSA LEBETHE

Plaintiff: Mr E Gwebu

Action wherein the plaintiff claims patrimonial loss from the defendant as a result of her unlawful holding over of the immovable property belonging to him. The claim is based on the damages suffered by the plaintiff due to loss of occupational rent caused by the defendant’s unlawful holding over the immovable property

Estimated duration: 1 day

11/10/2023

13/10/2023

Matter is removed from the trial roll by notice

10.	2023-126365 Court Online	MAKGAUTA BOITUMELO MOTAUNG VS MUZI GXAGXA Plaintiff: Adv C M Mbuyelo Defendant: Adv T M L Mashitoa Divorce – customary marriage Forfeiture of benefits; maintenance towards minor children; pension fund Pre-trial conference: 25 June 2024; 20 February 2025 Estimated duration: 1 day	02/07/2024	12/07/2024	NTLAMA-MAKHANYA AJ Secretary: Ms N Vimbi-Mudau Email: NoVimbi- Mudau@judiciary.org.za
11.	2021/13178	MARCELLA DAVIS VS DR MICHAEL KLIPIN AND OTHERS	09/09/2024	10/03/2025	Trial of Long Duration allocated to VERMAAK AJ
12.	2019/18275	MBATHA M M OBO MBATHA RETHABILE PRINCESS VS ROAD ACCIDENT FUND Plaintiff: Mr M Kutama Defendant: Ms S Ameersingh Quantum (general damages; future loss of earnings) Pre-trial conference: 29 August 2022; 04 October 2023 Minutes filed: 03 October 2022; 13 October 2023 Estimated duration: 1 hour (if argued); 3 days (if evidence led)	13/10/2023	13/11/2023	MNYATHELI AJ Secretary: Ms F Leremi Email: FLeremi@judiciary.org.za
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.