Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng Court Roll (19 May 2025)

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AS ALLOCATED

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG

MONDAY 19^TH MAY 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 MABESELE J

9D BEFORE THE HONOURABLE JUDGE ADAMS J

9F BEFORE THE HONOURABLE JUDGE RAUBENHEIMER AJ

8F BEFORE THE HONOURABLE JUDGE NAIR AJ

8E BEFORE THE HONOURABLE JUDGE WIJNBEEK AJ

INSOLVENCY COURT

8D BEFORE THE HONOURABLE JUDGE LOXTON AJ

SPECIAL MOTION

8C BEFORE THE HONOURABLE JUDGE FISHER J

2023-018685

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE MUDAU J

GD BEFORE THE HONOURABLE JUDGE MALI J

GE BEFORE THE HONOURABLE JUDGE NOKO J

URGENT APPLICATIONS

9A BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

9B BEFORE THE HONOURABLE JUDGE WANLESS J

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE BAM J

(IT46495; IT46040)

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE LIEBENBERG AJ

11C BEFORE THE HONOURABLE JUDGE R. LANGE AJ

11A BEFORE THE HONOURBLE JUDGE M VAN NIEUWENHUIZEN AJ

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE ALLY AJ

RAF DEFAULT JUDGMENT COURT

8A BEFORE THE HONOURABLE JUDGE MAKGATE AJ

Video-link BEFORE THE HONOURABLE JUDGE C PRINSLOO AJ

CRIMINAL APPEALS

Palm Ridge BEFORE THE HONOURABLE JUDGE MOOSA J

AND BEFORE THE HONOURABLEJUDGE KARAM AJ

A119/2023 A17/2022 A84/2024 A04/2025

4E BEFORE THE HONOURABLE JUDGE KUNY J

AND BEFORE THE HONOURABLE JUDGE MAHOMED J

A87/2024 A104/2024 A135/2024

COMMERCIAL COURT

Offsite facility BEFORE THE HONOURABLE JUDGE DIPPENAAR J

2021/58293

CIVIL TRIAL OF LONG DURATION

1A BEFORE THE HONOURABLE JUDGE MFENYANA J

2020/12759

GA BEFORE THE HONOURABLE JUDGE MATTHYS AJ

2020/14107

GENERAL CIVIL TRIALS

BEFORE THE HONOURABLE JUDGE WRIGHT J

8D BEFORE THE HONOURABLE JUDGE YACOOB J

11E BEFORE THE HONOURABLE JUDGE SENYATSI J

6A BEFORE THE HONOURABLE JUDGE MIA J

6E BEFORE THE HONOURABLE JUDGE DLAMINI J

6C BEFORE THE HONOURABLE JUDGE COWEN J

6F BEFORE THE HONOURABLE JUDGE THOBANE AJ

8B BEFORE THE HONOURABLE JUDGE NTHAMBELENI AJ

6B BEFORE THE HONOURABLE JUDGE DE SOUZA-SPAGNOLETTI 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, 12 MAY 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.

NUMBER ON ROLL	CASE NO	PARTIES	DATE TRIAL DATE APPLIED FOR	DATE TRIAL DATE GRANTED	ALLOCATION/ORDER GRANTED
PART A: GENERAL CIVIL TRIALS

1.	2021/31048	TSHIDI PHOKWANE VS CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY Plaintiff: Adv L van der Merwe Defendant: Adv S Dlali Plaintiff fell in open manhole Merits and quantum Pre-trial conference: 15 September 2023 Minutes filed: 12 October 2023 Estimated duration: 1 – 2 days Interpreter to used	12/10/2023	24/10/2023	THOBANE AJ Secretary: Ms T Ndau Email: TNdau@judiciary.org.za

2018/40180

SEBOGODI MATSISO LUCY AND 4 OTHERS VS MINISTER OF POLICE

Plaintiff: Adv J M van Rooyen Defendant: Adv K van Heerden

2nd – 4th plaintiff: Arrest, detention, malicious prosecution, assault (deprivation of liberty; inconvenience; discomfort; contumelia; pain and suffering, future medical expenses; shock and psychological harm)

1st plaintiff: death of person arrested (Loss of support; funeral expenses; psychological harm)

Merits and quantum

Estimated duration: 5 days (plaintiff); 1 – 2 days (defendant)

Pre-trial conference: 13 September 2023

Minutes registered; 14 September 2023

18/09/2023

31/10/2023

NTHAMBELENI AJ

Secretary Mr R Mahori

Email: RMahori@judiciary.org.za

2021/28946

THIBELLA GROUP OF BUSINESS VS RODACIL

CONSTRUCTION CC

12/10/2023

30/10/2023

Matter is removed from the trial roll by notice

2019/23247

UMZINYATHI DISTRICT MUNICIPALITY VS FUSION GUARANTEES (PTY) LTD

Plaintiff: Adv J Pammenter and Adv A Mcineka

Defendant: Adv W F Wannenburg Estimated duration; 2 days

During or about November 2014, the plaintiff awarded a tender to Soundrite Construction and Plant Hire (Pty) Ltd (Soundrite) for: Greytown Bulk Supply Scheme / Phase 2 /Contract T2015-03: Construction 0f 10kim long 450/400mm Diameter Raw Water Steel Pipeline from Gaywood Area to Greytown Water Works (the contract).

Soundrite’s accepted the award of the tender by the Plaintiff on 12 November 2014 by its signature of the letter of award from the plaintiff dated 10 November 2014.

In terms of the tender and the contract concluded pursuant thereto between the plaintiff and Soundrite, Soundrite was required to submit a 10% performance guarantee prior to commencement of the work.

Soundrite duly complied with its

obligation aforesaid and provided the plaintiff with the performance

12/10/2023

30/10/2023

WAIT

guarantee issued by the defendant on 06 June 2015.

The performance guarantee was concluded at Alberton between Soundrite and the defendant, as the Guarantor, in favour of the plaintiff (the employer).

On 22 July 2016, the plaintiff duly terminated the contract due to Soundrite’s default.

In light of such termination, Soundrite instituted an arbitration claim against the plaintiff. In terms of the contract, which the plaintiff defended, and the plaintiff instituted a counterclaim for the damages suffered by virtue of Soundrite’s default.

Soundrite’s claim was dismissed with costs by the arbitrator on 28 June 2018 and on 11 June 2019 the arbitrator upheld the plaintiff’s counterclaim.

On 24 June 2019, the plaintiff duly caused to be delivered to the defendant’s physical address by sheriff the first written demand. In compliance with the performance guarantee, incorporating a tender to return the original guarantee against payment by the defendant. In terms of the said written demand the plaintiff tendered return of the original Performance Guarantee against

payment of the amount demanded.

On 03 March 2023 the plaintiff presented the original Performance Guarantee at the Defendant’s attorneys’ offices for their inspection. The plaintiff appointed Cerimele- Mantombana JV to complete the contract.

Cerimele-Mantomana JV completed the works and was issued with a Completion Certificate dated 26 April 2018.

2020/3905

RAE LIAM JOHN VS THE INDEPENDENT ISTITUTE OF EDUCATION (PTY) LTD AND

OTHERS

14/09/2023

30/10/2023

Matter is removed from the trial roll by notice

2018/41281

RONALD JOHN STRINGFELLOW N.O AND 2 OTHERS VS LEON ERNEST SCHUSTER

Plaintiff: Adv N de Jager Defendant: Adv F Erasmus SC

Claim for damages resulting from the alleged breach of contract in terms whereof the defendant purchased a sectional title unit in Umhlanga, Kwa- Zulu Natal

Pre-trial conference: 19 February 2020, 03 February 2021; 02 May

2025

Estimated duration: 3 – 4 days

22/06/2023

08/11/2023

Matter is removed from the trial roll – matter is settled.

2021/52684

PIXEL KOLLECTIVE (PTY)LTD VS NTANDO DUMA MTHOMBENI AND 2 OTHERS

Plaintiff: Adv M Matlapeng Defendant: Mr M Matlala

Plaintiff seeks damages as a result of the 1st defendant’s copyright infringement arising from the unauthorised use of the plaintiff’s photograph / “original works” in a campaign with the 2nd and 3rd defendants

Estimated duration: 2 – 3 days

11/03/2023

14/11/2023

COWEN J

Secretary: Mr M Moolman Email: MMoolman@judiciary.org.za

2020/8610

POWELL SHELDON BVUM NO VS DEPHNEY NHLANHLA TSOEU

21/04/2024

26/09/2024

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. Liana Tulleken

2021/53715

EDEN AFRICA CC t/a EDEN AFRICA MANAGEMENT CONSULTANTS VS AFRICAN BANK LIMITED

13/11/2023

24/01/2024

Matter is removed from the trial roll by notice – matter settled on 08 October 2024

The action is withdrawn by

notice

10.

2022/32173

ANDILE YOYO VS ROAD ACCIDENT FUND

04/09/2023

01/03/2024

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. Liana Tulleken

11	2019/16429	BENNET DRILLING CC v PURE SOURCES MINERALS MINING CONTRACTING (PTY) LTD Plaintiff: Mr H Raubenheimer Defendant: Unrepresented Action launched by plaintiff who rely on the validity of binding agreements to enforce payment of monies due by the defendant to plaintiff – services rendered Defendant’s legal representative withdrew at late stage (17 April 2025) – defendant may request postponement If defendant not present, plaintiff will request judgment by default Estimated duration: 2 – 3 days Plaintiff’s witness resides in Australia	DE SOUZA-SPAGNOLETTI AJ Secretary: Mr G Lebelo Email: GLebelo@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.