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South Gauteng High Court Roll (16 October 2023)

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As allocated

 

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

MONDAY 16TH OCTOBER 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 WRIGHT J

 

9B BEFORE THE HONOURABLE JUDGE FISHER J

 

Video-link BEFORE THE HONOURABLE JUDGE SIWENDU J

 

9C BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

 

9D BEFORE THE HONOURABLE JUDGE SALMON AJ

 

UNOPPOSED MOTION

 

GC BEFORE THE HONOURABLE JUGDE SENYATSI J

GD BEFORE THE HONOURABLE JUDGE NOKO J

GE BEFORE THE HONOURABLE JUDGE THUPAATLASE AJ

 

URGENT APPLICATIONS

 

9E BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

 

9F  BEFORE THE HONOURABLE JUDGE CAJEE AJ

 

SPECIAL MOTION

 

Video-link BEFORE THE HONOURABLE JUDGE MANOIM J

(2022-048817)

TAX COURT

 

BEFORE THE HONOURABLE JUDGE CARRIM AJ

 

FAMILY COURT

 

11B BEFORE THE HONOURABLE JUDGE M VAN NIEUWENHUIZEN AJ

 

11C BEFORE THE HONOURABLE JUDGE DOS SANTOS AJ

 

SPECIAL INTERLOCUTORY COURT

 

GB BEFORE THE HONOURABLE JUDGE MAHOMED AJ

 

RAF DEFAULT JUDGMENT COURT

 

8C BEFORE THE HONOURABLE JUDGE MOTALA AJ

 

8D BEFORE THE HONOURABLE JUDGE MAJOZI AJ

 

8E BEFORE THE HONOURABLE JUDGE MOSTERT AJ

 

8F  BEFORE THE HONOURABLE JUDGE MAGODI AJ

 

FULL BENCH APPEALS – CRIMINAL

 

Palm Ridge BEFORE THE HONOURABLE JUDGE JOHNSON AJ

AND BEFORE THE HONOURABLE JUDGE DU PLESSIS AJ

A21/2023  A269/2017 A317/2017  A274/2017 A150/2012

 

COMMERCIAL COURT

 

Offsite facility BEFORE THE HONOURABLE JUDGE WEPENER J

2013/38820

 

PART-HEARD CIVIL TRIAL

 

1A BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ

2014/35356

 

CIVIL TRIALS OF LONG DURATION

 

8A BEFORE THE HONOURABLE JUDGE G ALLY AJ

(2013/24463)

 

8B BEFORE THE HONOURABLE JUDGE BOTSI-THULARE AJ

(2019/41584)

 

GENERAL CIVIL TRIALS

 

6B BEFORE THE HONOURABLE JUDGE WINDELL J

 

6C BEFORE THE HONOURABLE JUDGE MAKHAMBENI 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.

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

 

DUE DATE TO SUBMIT PRACTICE NOTES: MONDAY, 09 OCTOBER 2023



NUMBER

ON ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

 

1.

2019/26696

PIETER HENDRIK STRYDOM N.O AND TWO OTHERS VS JOHANNES HENDRIK NICOLAAS CLAASENS

Plaintiff: Adv H R Fourie SC Defendant: Attorney informed plaintiff’s legal representatives that it will withdraw as attorney Claim is against the defendant by the plaintiffs for the setting aside of dispositions in terms of s 26 of the Insolvency Act 24 of 1936, alternatively s 29 of the Insolvency Act.

Estimated duration: 2 days Pre-trial conference: 22 June 2021

Plaintiff will oppose any requests by the defendant to postpone the action

WINDELL J

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

2.

2019/41584

SEBEGO MAKIE OBO ZANDILE RUBY VS MEC

FOR HEALTH GAUTENG

Trial of long duration allocated to BOTSI-

THULARE AJ


3.

2018/23965;

2018/17748

AHMAD FARROUK AND TWO OTHERS VS MOBILE TELEPHONE NETWORK (PTY)LTD VS OTHER

Plaintiff: Adv J J Brett SC and Adv M Nowitz

Defendant: Adv G Rome SC and Adv A Milovanovic-Bitter

The plaintiff’s claim is contractual and relates to monetary claim for payment of certain monies, arising from a contended for end of employment services benefit that would accrue to the plaintiff regardless of the reasons for the cessation of his employment.

Estimated duration: 4 – 5 days Plaintiff has one witness who is overseas; plaintiff’s junior counsel, who is based in Cape Town, underwent surgery and is recovering from surgery.

Defendant seek physical hearing.

MAKHAMBENI AJ

Secretary: Ms N Mvula Email: NMvula@judiciary.org.za

4.

2019/17857;

2018/42329

NEDBANK LIMITED AND TWO OTHERS VS THE MOTOR FINANCE CORPORATION AND OTHER

Plaintiff: Adv M Reineke

A settlement agreement has been reached – the parties seek that the settlement agreement be made an order of court

SUTHERLAND DJP

Secretary: Ms S Kajee Email: SKajee@judiciary.org.za

5.

2017/13629

STHEMBISO JOYIS HLONGWANE VS MINISTER OF POLICE

AND OTHER

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

from the trial roll


6.

2021/4413

MPHO RAMAPALA VS SARAH ASSEGAAI AND OTHER

Plaintiff: Adv T Mayosi Defendant: Adv T Mabuda Defamation

Pre-trial conference: 18 February 2022; 02 November 2022; 03

October 2023

Minutes filed; 29 April 2022; 24

November 2022; 04 October

2023

Estimated duration: 3 days Interpreter to be used

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


7.

2022/3433

SPAREPRO (PTY)LTD VS CHRISTIAN PAUL JOHN MALILA AND TWO OTHERS\

Plaintiff: Adv M Bronkhorst

1st Defendant: Adv R Jansen van Vuuren

3rd Defendant: Adv M Karolia Plaintiff claims in delict, jointly and severally, for damages as a result of a multi-vehicle collision that occurred on or about 13 June 2021 at Corlett Drive, Illovo, Sandton

Pre-trial conference: 30 June 2022; 10 November 2022 Issues in dispute:

1st Defendant: plaintiff’s citation; plaintiff’s locus standi; fourth vehicle and its driver; 2nd defendant’s vicarious liability for 3rd defendant; stationariness of plaintiff and 2nd defendant’s alleged vehicles; red traffic light; lane change of 1st defendant; negligence; sequence of collision; demand; liability

3rd Defendant: negligence of 3rd defendant

1st defendant requested postponement and served application; plaintiff opposes postponement 3rd defendant does not oppose postponement, but notes that postponement application is not accompanied with tender for costs

Estimated duration: 2 – 3 days

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


8

2021/22171

VIRTUAL GAS NETWORK (PTY) LTD v ENTECHGAZ ENERGY AND COMBUSTION (PTY) LTD

Plaintiff: Adv H H Cowley Plaintiff has two claims based on repudiation of two contracts entered between the parties

Pre-trial minutes filed: 28 September 2023

Estimated duration: 4 – 5 days

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

9

2020/38770

PETROS MAIMELA v CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

Plaintiff: Mr H W Theron

Public liability/delictual claim for injuries suffered

Merits

Pre-trial conference: 11 April 2022; 03 October 2023

Minutes filed: 21 June 2022; 03

October 2023

Estimated duration: 30 Minutes

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

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.