Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (4 September 2023)

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IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG

MONDAY 04th SEPTEMBER 2023

LITIGANTS’ ATTENTION IS DRAWN TO THE DIRECTIVE DATED 25 JANUARY 2023 ISSUED BY THE HONOURABLE DEPUTY JUDGE PRESIDENT “POWER SUPPLY TO THE JOHANNESBURG HIGH COURT AND THE RESUMPTION OF PHYSICAL MODE OF HEARINGS AS THE DEFAULT POSITION”

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

9A BEFORE THE HONOURABLE JUDGE WEPENER J

9B BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

9C BEFORE THE HONOURABLE JUDGE WILSON J

Video-link BEFORE THE HONOURABLE JUDGE NOKO J

Video-link BEFORE THE HONOURABLE JUDGE E DUNN AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE FRANCIS J

GD BEFORE THE HONOURABLE JUDGE R STRYDOM J

GE BEFORE THE HONOURABLE JUDGE GILBERT AJ

URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE CARRIM AJ

9F BEFORE THE HONOURABLE JUDGE PULLINGER AJ

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE WRIGHT J

(2021/42435)

Video-link BEFORE THE HONOURABLE JUDGE SENYATSI J

(2016/12002)

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE TSHOMBE AJ

(IT24999) (Matter is removed from the roll)

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE F BEZUIDENHOUT AJ

11C BEFORE THE HONOURABLE JUDGE PHAHLAMOHLAKA AJ

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE PRINSLOO AJ

FULL COURT APPEALS: CRIMINAL

6B BEFORE THE HONOURABLE JUDGE MAKUME J

AND BEFORE THE HONOURABLE JUDGE BRITZ AJ

AND BEFORE THE HONOURABLE JUDGE S D JOHNSON AJ

SS156/2015

4C BEFORE THE HONOURABLE JUDGE MAHALELO J

AND BEFORE THE HONOURABLE JUDGE KUNY J

AND BEFORE THE HONOURABLE JUDGE AFRICA AJ A41/2020

RAF DEFAULT JUDGMENT COURT

8C BEFORE THE HONOURABLE JUDGE TWALA J

8D BEFORE THE HONOURABLE JUDGE UYS AJ

8E BEFORE THE HONOURABLE JUDGE DE SOUZA-SPAGNOLETTI AJ

8F BEFORE THE HONOURABLE JUDGE PIENAAR AJ

COMMERCIAL COURT

BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

(2021/37190) (Matter is removed from the roll by notice)

LONG CIVIL TRIAL

8A BEFORE THE HONOURABLE JUDGE MIA J

8B BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ

6C BEFORE THE HONOURABLE JUDGE MPOFU AJ

(2017/30819)

GENERAL CIVIL TRIALS

11D BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

11E BEFORE THE HONOURABLE JUDGE TSHOMBE AJ

6F BEFORE THE HONOURABLE JUDGE MEIRING AJ

9D BEFORE THE HONOURABLE JUDGE SCHOLTZ AJ

1A BEFORE THE HONOURABLE JUDGE WANLESS AJ

GA BEFORE THE HONOURABLE JUDGE VAN DE VENTER AJ

THE CIVIL TRIAL ROLL BEFORE SUTHERLAND DJP. IN TERMS OF PARAGRAPH 74 OF THE JUDGE PRESIDENT’S DIRECTIVE 02 of 2022 WHICH CAME INTO EFFECT ON 08 JULY 2022 AND WHICH WAS AMENDED ON 02 DECEMBER 2022, THERE SHALL BE NO PHYSICAL TRIAL ROLL. PARTIES MUST COMPLY STRICTLY WITH THE PROVISIONS OF PARAGRAPHS 74 – 88 OF THE ABOVEMENTIONED DIRECTIVE.

PARTIES SHALL BE NOTIFIED OF ALLOCATIONS BY EMAIL.

LITIGANTS ARE REMINDED OF THE DIRECTIVE DATED 25 JANUARY 2023 WHICH SETS OUT THE ARRANGEMENTS REGARDING THE MODE OF HEARING. PLEASE LIAISE WITH THE JUDGE’S SECRETARY TO WHOM THE MATTER IS ALLOCATED

THE DEFAULT MODE OF HEARING OF CIVIL TRIALS IS THROUGH PHYSICAL COURT.

DUE DATE TO SUBMIT PRACTICE NOTES: MONDAY, 28 AUGUST 2023

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

1.	2019/39617	LULAWAY HOLDINGS (PTY) LTD VS CITY OF EKURHULENI METROPOLITAN MUNICIPALITY Plaintiff: Adv J M Hoffman Defendant: Adv C Georgiades SC and Adv Z Ngwenya Contractual damages – breach of oral agreement Estimated duration; 2 – 3 days Pre-trial conference: 29 November 2022; 14 August 2023	WANLESS AJ Secretary: Ms E Manuel Email: Emanuel@judiciary.org.za

2018/44321

SMEC SOUTH AFRICA (PTY)LTD VS JOBURG MARKET LTD t/a JOBURG MARKET

Plaintiff: Adv R Booysen Defendant: Adv P Mafisa Estimated duration: 3 days Claim for professional engineering services rendered to the defendant at the defendant’s specific instance and request. The plaintiff further alleges the defendant admitted which services and subsequent indebtedness. The defendant denies that it requested, by special instance any of the services forming part of the plaintiff’s claim.

Trial readiness is in question – defendant has, since its first discovery, come into possession of additional (voluminous) documents relating to the matter in question. The defendant’s legal representatives are yet to peruse/investigate the relevance of the documents, consult, and in turn draft and serve a supplementary discovery affidavit.

J STRIJDOM AJ

Secretary: Ms L Mahlangu Email: LaMahlangu@judiciary.org.za

2020/12145

DRANKENSTEIN MUNICIPALITY VS GUARDRISK ALLIED PRODUCT AND SERVICES (PTY) LTD

AND OTHER

Matter is removed from the trial roll by notice

2019/5380

BRIAN DAVID GLOSTER VS JUANE SLAUGHTER

Plaintiff: Adv JKhan

Slip and fall at the defendant’s premises where the plaintiff was a lessee

Merits

Pre-trial conference: 18

August 2022; 22 August 2023 Minutes filed: 24 October 2022; 23 August 2023

Estimated duration; 2 – 3 days

Matter is removed from the trial roll by notice

5.	2021/24378	SELIM MEHMET KAYMAK VS TSHIVHEAHO MANDELA RALUSHAI	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
6.	2018/22268	JOHANNES TSHAMELENI TINYIKO KHOZA VS PICK N PAY STORES LTD AND 4 OTHERS Plaintiff: Adv B Brammer 1st – 3rd Defendants: Unknown 4th Defendant: Adv H Pretorius Slip and fall at shopping mall Merits Pre-trial conference: 08 August 2023 Minutes filed: 22 August 2023 Estimated duration: 3 – 4 days	TSHOMBE AJ Secretary: Mr L Molose Email: LMolose@judiciary.org.za Matter was subsequently removed from the roll by notice
7.	2018/40287	MORABE MATEBOHO PRECIOUS VS EP SEFATSE ATTORNEYS Plaintiff: Mr U Jordaan Defendant: Adv L Segeels- Ncube Professional negligence – breach of mandate (failure to prosecute claim on behalf of the plaintiff against the Road Accident Fund) Special plea of prescription Estimated duration: 3 days	SCHOLTZ AJ Secretary: Mr T Senoko Email: TSenoko@judiciary.org.za
8.	2012/18675	WARCAN INVESTMENT CC VS STEELGLASS DEVELOPMENTS CC	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
9.	2016/26161	MASHIMBYE NDZALO VIRGINIA VS SBV AND ANOTHER Plaintiff: Adv M Khumalo Defendant: Adv J A du Plessis Delictual claim instituted by the plaintiff against defendant and its employee following a shooting incident Quantum (future medical expenses; past and future loss of earnings; earning capacity; general damages) Estimated duration: 3 – 4 days	MIA J Secretary: Mr J Letsoalo Email: JLetsoalo@judiciary.org.za

10.

2020/39913

SOLANI EUGENIA MABASA VS NYIKO GIVEN MABASA

No practice note was uploaded to the electronic file – Matter is struck off

from the trial roll

11.

2018/20017

THE BODY CORPORATE OF TYGERBERG VS MOKHWATHI LISBON

RAMOTHWALA

Matter is removed from the trial roll by notice

12.

2021/46213

ROYSTON LEAD LIMITED VS JOHN TURNER AND SONS AND OTHER

Plaintiff: Adv C Read Defendant: Adv C Harms Breach of oral contract to repay an amount to the plaintiff by the first defendant; Alternatively, if no agreement was entered into, then the first defendant was unjustly enriched by the monies, and the plaintiff impoverished

The second defendant be held personally liable for the monies based on s 22, s76(3) read with s 77(3)(b) and s 218(2) of the Companies Act, 2008.

Pre-trial conference: 02 June 2022; 28 July 2023

Minutes filed: 10 August 2022;

08 August 2023

Estimated duration: 1 – 2 days

CRUTCHFIELD J

Secretary: Ms A du Toit Email: ADuToit@judiciary.org.za

13.

2019/10262

DE BRUIN JEREMI VS DE BRUIN ESTELLE AND 4 OTHERS

Plaintiff: Adv N Maritz SC and Adv L van Gass

Defendant: Adv B Gassner SC and Adv P Ternent Opposed divorce

Estimated duration: 4 – 5 days Parties will attempt to settle the accrual calculation

The children have attained age of majority

Defendant’s claim for personal maintenance and costs Assets and liabilities comprising the parties’ estates Counsel are from out of town (Pretoria and Cape Town) – parties request physical hearing

VAN DE VENTER AJ

Secretary: Mr T Mmakola Email: TMmakola@judiciary.org.za

14.

2020/37190

GERT CORNELIS OLIVIER N.O AND 3 OTHERS VS MICHAEL LAWRENCE STEWART

N.O LUCAS MASUTHA

N.O MASTERS OF THE HIGH COURT AND TWO OTHERS

Plaintiff: Adv J Prinsloo Defendants: Adv J G Richards The plaintiffs (being trustees of the Olyfboom Trust) base their claim against Richoil (in liquidation) on monies lent and advanced by the Olyfboom Trust to Richoil prior to liquidation.

The plaintiffs contend that they are secured creditors of Richoil, and that the claim is secured by a mortgage loan in favour of the Olyfboom Trust. The plaintiffs contend that the loan was used for the purchase of a property known as Erf 1428 Aston Bay situated in the Marina Martinique Estate (the property) by Richoil (Pty) Ltd (in liquidation) (Richoil) which property was registered in the name of Richoil (Pty) Ltd (in liquidation)

Prescription

Pre-trial conference: 03

December 2021; 09

December 2022

Minutes filed: 04 December 2021; 09 December 2022 Estimated duration: 5 days

MEIRING AJ

Secretary: Ms T Ndau

Email: TNdau@judiciary.org.za

15.

2020/477

KGOTSO LEEUW VS MINISTER OF POLICE AND THE NATIONAL DIRECTOR OF PLUBLIC PROSECUTION

Plaintiff: Adv C Mqushulu Defendant: Adv M Mopeli Arrest, detention, malicious prosecution Merits and quantum Estimated duration: 2 – 3 days

TSHOMBE AJ

Secretary: Mr L Molose Email: LMolose@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 T. Khumalo (TKhumalo@judiciary.org.za / 010 494 8397) 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.