South Africa: South Gauteng High Court, Johannesburg

REPUBLIC OF SOUTH AFRICA

SOUTH GAUTENG HIGH COURT

JOHANNESBURG

CASE NO:   21261/08

In the matter between:

J U D G M E N T

MOJAPELO, DJP:

[1] This is an application for leave to appeal against the whole of the judgment of this court delivered on 23 March 2013 in so far as the judgment dealt with the applicant, who was the respondent in that judgment.  

[2] In the light of considerable delays caused to the running of the civil trial roll by employees of the Road Accident Fund, who do not give timeous instructions or give no instructions at all to the legal representatives who appear daily for the fund, or who give patently unreasonable instructions, it is reasonable and fair that the way in which the roll call court deals with or should deal with such conduct should be examined now and again.

[3] Having examined the grounds of the intended appeal, and having considered the submission of counsel in the context, I hold the view that there are reasonable prospects that another court may see the matter differently.

[4]  Counsel for the applicant has, without being prompted thereto, withdrawn the first ground as appears from the notice of application for leave to appeal.  

[5]  I accordingly make the following order:  

   1.   Leave to appeal is hereby granted to the full bench of this court.

   2.   The costs of this application shall be costs in the appeal.

  P M MOJAPELO

   DEPUTY JUDGE PRESIDENT

SOUTH GAUTENG HIGH COURT

Counsel for the Applicant:     M Patel

Instructed by:   Routledge Modise

Date of Hearing: 07 April 2013

Date of Judgment:   07 April 2013