Court Roll: South Gauteng High Court (Johannesburg)
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[2025] ZAGPJHCRolls 40
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South Gauteng Court Roll (17 March 2025)
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
MONDAY 17TH 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 WHEN THEY RECEIVE SUCH A REQUEST 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
9C BEFORE THE HONOURABLE JUDGE ADAMS J
Video-link BEFORE THE HONOURABLE JUDGE SENYATSI J
9D BEFORE THE HONOURABLE JUDGE DLAMINI J
9F BEFORE THE HONOURABLE JUDGE LIEBENBERG AJ
8F BEFORE THE HONOURABLE JUDGE MANAMELA AJ
Video-link BEFORE THE HONOURABLE JUDGE T ENGELBRECHT AJ
UNOPPOSED MOTION
GC BEFORE THE HONOURABLE JUGDE MAIER-FRAWLEY J
GD BEFORE THE HONOURABLE JUDGE NOKO J
GE BEFORE THE HONOURABLE JUDGE VAN ASWEGEN AJ
URGENT APPLICATIONS
9A BEFORE THE HONOURABLE JUDGE FISHER J
9B BEFORE THE HONOURABLE JUDGE MFENYANA J
SPECIAL MOTION
11A BEFORE THE HONOURABLE JUDGE DIPPENAAR J
MOIPONE NEO PAMELA URSULA MKHIZE v SIBUSISO VELEMSENI MKHIZE (CASE NO: 2023-114345)
BEFORE THE HONOURABLE JUDGE WRIGHT J
INCOME TAX COURT
BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J
IT46581
FAMILY COURT
11B BEFORE THE HONOURABLE JUDGE YACOOB J
11C BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J
11D BEFORE THE HONOURABLE JUDGE VON LUDWIG AJ
11E BEFORE THE HONOURABLE JUDGE YENDE AJ
SPECIAL INTERLOCUTORY COURT
GB BEFORE THE HONOURABLE JUDGE S KRUGER AJ
RAF DEFAULT JUDGMENT COURT
8A BEFORE THE HONOURABLE JUDGE WEIDEMAN AJ
8B BEFORE THE HONOURABLE JUDGE P UYS AJ
CRIMINAL APPEALS
4A BEFORE THE HONOURABLE JUDGE DOSIO J
AND BEFORE THE HONOURABLE JUDGE MOOSA J
A117/2024 A122/2024
PART-HEARD CIVIL TRIAL
8E BEFORE THE HONOURABLE JUDGE MABESELE J
2020/39321
GENERAL CIVIL TRIALS
8D BEFORE THE HONOURABLE JUDGE WRIGHT J
8C BEFORE THE HONOURABLE JUDGE HOWARD AJ
6A BEFORE THE HONOURABLE JUDGE P J DU PLESSIS AJ
6B BEFORE THE HONOURABLE JUDGE MEADEN AJ
6C BEFORE THE HONOURABLE JUDGE VERMAAK 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, 10 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.
6. The abuse by parties is particularly prevalent in RAF cases.
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NUMBER ON ROLL |
CASE NO |
PARTIES |
DATE TRIAL DATE APPLIED FOR |
DATE TRIAL DATE GRANTED |
ALLOCATION/ORDER GRANTED |
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PART A: GENERAL CIVIL TRIALS |
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1. |
2023-034534 |
LYNETTE VAN WYK VS HENDRICK WILHELM VAN WYK Plaintiff: Adv I Strydom Defendant: Adv Z Marx Divorce (spousal maintenance; reasons for breakdown of marriage) Pre-trial conference: 03 April 2024 Minutes filed: 17 April 2024 Estimated duration: 1 – 2 days |
04/07/2024 |
02/08/2024 |
HOWARD AJ Secretary: Mr S Maja Email: SMaja@judiciary.org.za Matter is settled |
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2. |
2012/12606 |
VAN DER LECQ KAREL ADRIAAN VS VAN DER LECQ CAREY Plaintiff: Mr R Zimmerman Defendant: In person Divorce (claim in respect of accrual system; maintenance for defendant; maintenance for minor child) Pre-trial conference minutes: 31 May 2023 Estimated duration: 5 days Request for virtual court – defendant resides in Western Cape |
04/07/2024 |
02/08/2024 |
WRIGHT J Secretary: Ms M Vukeya Email: MVukeya@judiciary.org.za |
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3. |
2024-002913 |
VUSIMUZI EDWARD METANE VS MATHUTWANA PORTIA MOKOENA Plaintiff: Adv J Nkabinde Divorce (defendant seeks for plaintiff to forfeit his half share of the immovable property) Estimated duration: 2 days |
19/07/2024 |
07/08/2024 |
VERMAAK AJ Secretary: Ms N Nkumane Email: NNkumane@judiciary.org.za |
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4. |
2023-081975 |
MUDZULI PRUDANCE RAMABULANA VS HUMBULANI VINCENT RAMABULANA Plaintiff: Adv L Bedeker Divorce (parental rights and responsibilities in respect of minor children; primary residence of minor children; maintenance towards minor children; arrear maintenance towards minor children; defendant to retain minor children on medical aid; division of joint estate; pension fund; liability for debt) Estimated duration: 2 days Pre-trial conference: 17 July 2024 |
06/06/2024 |
12/08/2024 |
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 |
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5. |
2022-017322 |
IVAN MORYDE RADEBE VS NTHABISENG MOLLY DINGAAN Plaintiff: Adv F Bezuidenhout Divorce – customary marriage (parental rights and responsibilities; division of assets; maintenance towards minor children; forfeiture of beneifts) Amendment of particulars of claim Pre-trial conference: 15 July 2024 Postponement application – matter is not ripe for trial for various reasons. Opposed by defendant Pre-trial conference: 30 May 2024 Minutes filed: 24 July 2024 Estimated duration: 1 hour (to argue postponement) |
24/07/2024 |
15/08/2024 |
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 |
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6. |
2023-051658 |
PORTIA M XABA VS CLEMENT SABELO NDLANGISA Plaintiff: Adv M Nteso Defendant: Adv M Ntsangase Divorce – customary marriage (validity of marriage; division of joint estate) Pre-trial conference: 17 April 2024 Minutes filed: 06 May 2024 Estimated duration: 2 – 3 days Interpreter to be used |
24/07/2024 |
22/08/2024 |
P J DU PLESSIS AJ Secretary: Mr T Senoko Email: TSenoko@judiciary.org.za |
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7. |
2018/29622 |
DAVID ALAN QUINN VS DEBORAH QUINN Plaintiff: Adv A Saldulker Divorce Pre-trial conference: 26 September 2019; 15 December 2022; 04 June 2024 Estimated duration: 2 – 3 days |
21/08/2024 |
03/09/2024 |
MEADEN AJ Secretary: Ms L Smit Email: LSmit@judiciary.org.za |
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8. |
2023-072282 |
SALLY ELIZABETH KIRK VS SHAUN DOUGLAS KIRK |
22/08/2024 |
03/09/2024 |
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. |
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9. |
2023-107376 |
THOBEKA NOXOLO TSHABALALA VS ABEL MDUDUZI TSHABALALA Plaintiff: Adv C Brits Divorce (validity of customary marriage; division of joint estate; pension interests) Estimated duration: 1 day |
04/09/2024 |
09/09/2024 |
Matter is removed from the trial roll by notice |
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10. |
2022/12320 |
WAUCHOPE MARK DAVID AND TWO OTHERS VS WAUCHOPE ECADERINI Plaintiff: Adv P V Ternent Declaring marriage null and void – first plaintiff was diagnosed with a mental health illness and has been declared of unsound mind and incapable of managing his own affairs on 26 January 2021 Pre-trial conference: 05 August 2024 Minutes filed: 12 August 2024 Estimated duration: 1 – 2 days |
04/09/2024 |
10/09/2024 |
HOWARD AJ Secretary: Mr S Maja Email: SMaja@judiciary.org.za |
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11. |
2018/22428 |
SELEPE REGINA JABULILE LINDIWE VS SELEPE LINDA JOHN Plaintiff: Adv M Fabricius Defendant: In person Divorce (division of joint estate; appointment of liquidator and receiver) Pre-trial conference: 09 September 2024 Estimated duration: 1 day |
04/09/2024 |
28/09/2024 |
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 |
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12. |
2023/109742 |
NOMSA MALINGA VS THABO SEHOLE Plaintiff: P Simelane (Attorney) Defendant: H Shitlhelana (Attorney) Divorce – customary marriage (spousal maintenance; division of joint estate; defendant to forfeit all patrimonial benefits; Sanlam to pay 50% of the plaintiff’s funds; plaintiff to retain defendant on her medical aid) Estimated duration: 1 – 2 days *The practice note was uploaded to the electronic file on 25 August 2024 – No recent practice note was uploaded |
09/09/2024 |
17/09/2024 |
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. |
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PART B: ROAD ACCIDENT FUND |
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MATTERS REMOVED FROM THE ROLL BY NOTICE |
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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. |
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