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South Gauteng High Court Roll (24 April 2023)

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AS ALLOCATED

 

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

MONDAY 24TH APRIL 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

 

Video-link BEFORE THE HONOURABLE JUDGE SENYATSI J 9B BEFORE THE HONOURABLE JUDGE R STRYDOM J

9C    BEFORE THE HONOURABLE JUDGE FORD AJ

 

9D    BEFORE THE HONOURABLE JUDGE DREYER AJ

 

UNOPPOSED MOTION

 

GC   BEFORE THE HONOURABLE JUGDE WEPENER J GD         BEFORE THE HONOURABLE JUDGE FISHER J GE  BEFORE THE HONOURABLE JUDGE VENTER AJ URGENT APPLICATIONS

9E    BEFORE THE HONOURABLE JUDGE KUNY J

 

9F     BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

 

SPECIAL MOTION

 

11F BEFORE THE HONOURABLE JUDGE TWALA J

(2013/31338)

 

TBC BEFORE THE HONOURABLE JUDGES OPPERMAN J

(2022-010023)

INCOME TAX COURT

 

BEFORE THE HONOURABLE JUDGE MANOIM J

 

FAMILY COURT

 

11B BEFORE THE HONOURABLE JUDGE WINDELL J

 

11C BEFORE THE HONOURABLE JUDGE MOKOENA AJ

 

SPECIAL INTERLOCUTORY COURT

 

GB    BEFORE THE HONOURABLE JUDGE MUDAU J

 

SETTLEMENT COURT

 

Video-link BEFORE THE HONOURABLE JUDGE FRANCIS J

 

FULL BENCH APPEALS - CRIMINAL

 

11A BEFORE THE HONOURABLE JUDGE MNGQIBISA-THUSI J AND BEFORE THE HONOURABLE JUDGE C MOOSA J A123/2022 A125/2022 A132/2022 A138/2022

 

FULL COURT APPEALS: CRIMINAL

 

4A    BEFORE THE HONOURABLE JUDGE MABESELE J AND BEFORE THE HONOURABLE JUDGE MBONGWE J

AND BEFORE THE HONOURABLE JUDGE JOHNSON AJ

A357/2017

 

LONG CIVIL TRIAL

 

8A    BEFORE THE HONOURABLE JUDGE MAHALELO J

(2014/20974)

 

8C    BEFORE THE HONOURABLE JUDGE MIA J

(2016/00121)

 

8B    BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ

 

11E BEFORE THE HONOURABLE JUDGE MAHOMED AJ

(2015/4311)

 

8E    BEFORE THE HONOURABLE JUDGE CARRIM J

(2018/21491)

 

GENERAL CIVIL TRIALS

 

11D BEFORE THE HONOURABLE JUDGE SUTHERLAND DJP Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J 8D        BEFORE THE HONOURABLE JUDGE WILSON J

6A    BEFORE THE HONOURABLE JUDGE WANLESS AJ

 

6C    BEFORE THE HONOURABLE JUDGE CAJEE AJ GA BEFORE THE HONOURABLE JUDGE G MEYER AJ

THE CIVIL TRIAL ROLL BEFORE SUTHERLAND ADJP. 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, 17 APRIL 2023


 

NUMBER

ON ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

 

1.

2016/20412

JOSEPH SHAUN NAIDOO VS THE MINISTER OF POLICE

Plaintiff: Adv N Makopo Defendant: Adv P Mmutle Arrest and detention Merits and quantum

Estimated duration; 2 – 3 days

CAJEE AJ

Secretary: K Netshivhale E-mail:

KNetshivhale@judiciary.org.za

2.

2014/20974

MOLELE JOSEPHINA obo KOKETSO VS MEC FOR HEALTH,

GAUTENG

Trial of Long Duration allocated to MAHALELO J



















3.

2021/3159

ENKULISWENI PRE SCHOOL VS NEDBANK LIMITED

Plaintiff: Adv K Kabinde Defendant: Adv L Matsiela

This is an action in which the plaintiff sues for damages against the defendant, on the basis of that the defendant breached its contractual obligations towards the plaintiff; alternatively that the defendant breached a legal duty of care owed to the plaintiff to exercise reasonable care and skill in the performance of its mandate.

*Interpreters to be used for some witnesses

Estimated duration: 4 – 5 days

Pre-trial    conference:   21

September 2022; 16 March

2023

DIPPENAAR J

Secretary: Ms J Blake E-mail:

JBlake@judiciary.org.za

4.

2018/5344

THE BODY CORPORATE OF PRESIDENT TOWERS VS MAHLATSI LAWRANCE RAMASHALA & MPHO PORTIA RAMASHALA

Plaintiff: Adv N Lombard Defendants: Unrepresented Payment of a capital sum, with interest and costs; the capital sum comprises of arrear levies and related charges

Pre-trial conference: 27

January 2022

Estimated duration: 1 day

SUTHERLAND DJP

Secretary: Ms S Kajee E-mail:

SKajee@judicicary.org.za

5.

2019/19672

MASUTHA SINDAY

ELTHIA (born VALASHIYA) VS MASUTHA TSHILILO

MICHAEL

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


6.

2019/14166

NYAWOSE ORIGEN THULA VS NYAWOSE SIMPHIWE CATHY

(born KHOZA) Plaintiff: Adv L Pretorius Defendant: Adv M Kgomongwe

Divorce – forfeiture

Estimated duration: 2 – 3 days

WANLESS AJ

Secretary: Mr C Mabunda E-mail:

CLMabunda@judiciary.org.za

7.

2021/29290

DEEP BLUE OCEAN TRADING 787 CC t/a AVEMEL VS CONSTANTIA INSURANCE COMPANY

LIMITED

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

8.

2020/36502

DENNIS GENE KRIEG VS LETTIE TSHUMA

Plaintiff: Adv C J Smith Defendant: Adv M F Jooste Universal partnership – purchase of immovable property

Issues to determine:

The defendant’s liability to the plaintiff

The reasons for the payment of the amounts referred to in the particulars of claim

In the alternative:

The existence of a partnership between the parties;

The terms of the partnership The dissolution of the partnership and the manner thereof;

The distribution of the assets of the partnership

Estimated duration: 2 – 3 days

MAIER –FRAWLEY J

Secretary: Ms E Manuel E-mail:

Emanuel@judiciary.org.za


9.

2020/5616

EDWARDS STUART OYWAY MAYNE VS LFK IMPORTS CC, VENTURE TREADS PROPRIETARY LIMITED, GEOFFREY FULLER HOLLOWAY & DEBORAH LUCIENNE WALKER

Plaintiff: Adv J M Hoffman Defendant: Adv H P van Nieuwenhuizen

The plaintiff claims payment under and in terms of an agreement it contends was concluded between it and the first and second defendants. The plaintiff claims payment against the third and fourth defendants under and in terms of    deeds      of         suretyship      it contends was executed by these defendants in favour of the plaintiff.

The defendants oppose the action raising the following defences:

The claim has prescribed;

No payments were made by the first and second defendants in terms of any agreements between the parties

If payments were made, such payments were made in respect of the first loan agreement by the first defendant and the capital amount, and all interest as provided for in the First Agreement, would have been repaid by December 2013

The payments made by the first defendant exceeded the capital amount owing, and such overpayment stands to be returned to the First Defendant pursuant to the Defendants’ counterclaim

The defendants have delivered a counterclaim seeking payment by the plaintiff to the first defendant:

The first defendant alleges that this               constituted               an overpayment by the first defendant to the plaintiff, and

thus the plaintiff has been

WILSON J

Secretary: Mr T Chauke E-mail:

TiChauke1@judiciary.org.za


 

 

enriched and it has been impoverished.

Estimated duration: 4 days

 

10.

2020/22584

NAUDE YOLANDE GERALDINE VS CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

Plaintiff: Adv D J Smit Defendant: Adv S Dlali This is delictual action for loss of support due to the death of a breadwinner as a result of injuries sustained in a motorcycle accident which the plaintiff alleges was caused by the defendant’s negligent breach of its duty of care, alternatively, its negligent failure to act reasonably in the circumstances

Estimated duration: 3 days Pre-trial conference: 27

February 2023

Minutes registered: 16 March 2023

G MEYER AJ

Secretary: Ms N Pholo E-mail:

NiPholo@judiciary.org.za

11

2021/23887

MYRTLE SALOMINA KLEYNHANS VS DR.

GIDEON VAN WYK

Matter is removed from the trial roll by notice

12.

2021/26857

PETRUS MOSENKE SEBEELA VS MUNRO FLOWERS & VERMAAK ATTORNEYS, KAREN VERMAAK & STEPHEN

DESOMND FLOWERS

Matter is to be on trial roll of 25 April 2023

 

 

 

 

PART B: ROAD ACCIDENT FUND

 

 

 

 

 


13.

2018/31128

MOLATUDI MALIYE ASYLIA VS ROAD ACCIDENT FUND

Plaintiff: Adv J M Killian Merits and quantum (negligence; general

damages; past and future loss of earnings; future medical expenses; contingencies) Estimated duration: 1 – 2 days (if argued); 4 – 5 days (if evidence led)

Certification conference: 03

August 2022

WAIT

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.