IN THE HIGH COURT OF SOUTH AFRICA

(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

DATE:									2008-02-25
GILBERT T J WEBSTER						PLAINTIFF 

and

JUDGMENT

	I find this most disturbing and in appropriate cases I have voiced my strong disapproval, and in one instance I have made a punitive costs order, but all to no avail.   This has resulted in several court days being wasted as I was unable to find sufficient alternative matters to slot into the gaps which have opened up on the roll. In fact, I had to scrounge around for other matters to be heard. Now the same scenario is to play itself out this week. Four court days are going abegging. I unfortunately have to conclude, that if this is the attitude displayed by practitioners who have matters on this roll, then the Southern Cape does not deserve an extended civil circuit. Finally, as a matter of interest I should mention that to date 80% of the days on the roll allocated for trials, have due to postponements and settlements not been taken up by the hearing of trials. I have been able to hear a number of applications in their stead, but it has still resulted in a significant number of court days being wasted. I shudder to think of the costs incurred to provide this forum, which costs not only include direct costs, but also the costs of appointing an acting Judge to take my place in Cape Town.
I now deal with the matter presently before me. As I have said in a previous matter in which the parties had applied for a postponement, an applicant for a postponement seeks an indulgence and a postponement is not merely there for the asking. Full reasons and a satisfactory explanation of the circumstances giving rise to the application for a postponement, should be given to the court. It is also trite that an application for a postponement should be made timeously to prevent inconvenience being caused to the other party and the court. The court has a discretion to grant or refuse a postponement. A postponement cannot be secured by mere agreement between the parties. It is for the court to determine whether it is in the interests of justice to grant a postponement. But the interests of justice would be determined not only by what is in the interests of the parties themselves, but also by the need to have matters before this court finalised without undue delay.

Millers Inc., George, who compiles the roll on behalf of the Registrar In regard to paragraph 3 of the draft order, I believe that the presiding Judge who hears the trial, should consider whether the suggested separation is convenient or not.

FOURIE, J