Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (8 May 2023)

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AS ALLOCATED

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

MONDAY 08TH MAY 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

Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J

9A BEFORE THE HONOURABLE JUDGE MANOIM J

9B BEFORE THE HONOURABLE JUDGE D MARAIS AJ

9C BEFORE THE HONOURABLE JUDGE DE VOS AJ

9D BEFORE THE HONOURABLE JUDGE GILBERT AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE MUDAU J

GD BEFORE THE HONOURABLE JUDGE MAHALELO J

GE BEFORE THE HONOURABLE JUDGE R STRYDOM J

URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE MAKUME J

9F BEFORE THE HONOURABLE JUDGE FORD AJ

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE SUTHERLAND DJP

2019/14370 2019/31328

11E BEFORE THE HONOURABLE JUDGES SENYATSI J

2022/9066

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE KEIGHTLEY J

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE ADAMS J

11C BEFORE THE HONOURABLE JUDGE MENDELOW AJ

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE BAQWA J

SETTLEMENT COURT

1A BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

FULL BENCH APPEALS - CRIMINAL

4A BEFORE THE HONOURABLE JUDGE MABESELE J AND BEFORE THE HONOURABLE JUDGE KUMALO J A117/2019 1113/2022 A52/2021 A113/2020

FULL COURT APPEALS: CRIMINAL

4F BEFORE THE HONOURABLE JUDGE ISMAIL J

AND BEFORE THE HONOURABLE JUDGE MNGQIBISA-THUSI J AND BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J A124/2022

COMMERCIAL COURT

11D BEFORE THE HONOURABLE JUDGE WEPENER J

2014/42448

PART-HEARD CIVIL TRIAL

8D BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

2017/35577

LONG CIVIL TRIAL

8C BEFORE THE HONOURABLE JUDGE MIA J

(2016/00121)

TBA BEFORE THE HONOURABLE JUDGE WANLESS AJ 8A BEFORE THE HONOURABLE JUDGE MAHOMED AJ

2016/27435

8B BEFORE THE HONOURABLE JUDGE STRIJDOM AJ

2014/35356

GENERAL CIVIL TRIALS

8E BEFORE THE HONOURABLE JUDGE WRIGHT J

6A BEFORE THE HONOURABLE JUDGE WINDELL J

6C BEFORE THE HONOURABLE JUDGE TWALA J

6F BEFORE THE HONOURABLE JUDGE CARRIM AJ GA BEFORE THE HONOURABLE JUDGE CAJEE 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: FRIDAY, 28 APRIL 2023

NUMBER

ON ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

2015/12381

ROSY WILLIAMS v MPHO PORTIA MOLOKOME

Applicant: Adv M L Matlala Respondent: Adv W Isaacs Hearing of oral evidence Applicant and first respondent are each claiming to the rightful wife of the late Aflred Mohlale, who died in January 2015.

In the same year the first respondent in this matter brought notice of motion against eight people, citing the current applicant as the first respondent. She wanted the court to condone the late registration of the alleged customary marriage between her and the deceased concluded on 24 March 2012.

Only the first respondent (current applicant) opposed the said application

The current applicant not only opposed the application, but also lodged a counterclaim. She also wanted the court to condone the late registration of her customary marriage between her and the deceased on 16 August 2003.

The court is to determine the validity of the alleged customary marriages

Estimated duration: 1 – 2 days

WANLESS AJ

Secretary: Mr C Mabunda E-mail:

CLMabunda@judiciary.org.za

2013/35380

KUBEKA ANGEL obo NHLAVUTELO v MEC FOR HEALTH, GAUTENG

Plaintiff: Adv D Brown Defendant: Adv N N Cassim SC State case

Quantum (general damages; loss of earnings; earning capacity)

Estimated duration: half a day

WRIGHT J

Secretary: Ms M Vukeya E-mail:

MVukeya@judiciary.org.za

2020/17876

OMNISOL OUTSOURCED SOLUTIONS (PTY) LTD v NEXT GEN CHEM (PTY)

LTD

Matter is Removed from the trial roll by notice

2020/19267

MANGQANGWANA TSHIDIKWANE SALOME TEBOGO v MANGQANGWANA BANISILE BERNARD LUNGILE

Plaintiff: Adv L van der Westhuizen

Defendant: Adv G Olwagen- Meyer

Opposed divorce (maintenance in respect of minor child; defendant’s claim for unjust enrichment against the plaintiff in respect of defendant’s contributions made toward building of former matrimonial home on immovable property owned by plaintiff; plaintiff’s counterclaim against defendant in respect of payment(s) made or money or loans advanced to the defendant)

Substantive application for postponement which is opposed by defendant

Pre-trial conference: 02

September 2021; 05 September

2021; 30 March 2023

Estimated duration: 3 – 4 days

*Defendant makes use of crutches and wheelchair and cannot use stairs

BAQWA J

Secretary: Ms N Masango E-mail:

MasangoN@judiciary.org.za

5.	2017/20954	WEBBER WENTZEL ATTORNEYS v FAIZAL ESSOP Plaintiff: Adv N Cassim SC 1st Defendant: Not present 2nd Defendant: Adv M van Vuuren Estimated duration: 4 – 5 days If Default Judgment, estimated duration: 20 minutes Claim for damages and disgorgement arising from dishonest conduct on the part of the defendants against their former employer, the Plaintiff Merits and quantum Pre-trial conference: 26 May 2020; 10 June 2022 Matter was settled between plaintiff and second defendant Matter is likely to proceed on default judgment 1st Defendant emigrated abroad and is a fugitive from justice in relation to criminal charges preferred against him by the plaintiff	WRIGHT J Secretary: Ms M Vukeya E-mail: MVukeya@judiciary.org.za
6.	2016/10019	ROSALINE MOITZE v CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
7.	2021/43896	JAYDEN PILLAY v AFRICOLOGY MASLOW (PTY) LTD	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
8.	2020/22539	AKASHNIE PILLAY v THINESHWIN PILLAY	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
9.	2018/4531	MARTHA MOLOKOMME v MEC FOR HEALTH Plaintiff: Adv M O Mudimeli Defendant: Mr W Mabaso Pre-trial conference: 08 August 2022 Merits Medical negligence Estimated duration: 5 days	CARRIM AJ Secretary: Ms E Buys E-mail: EBuys@judiciary.org.za

10.	2020/24098	SUTHERLAND TRANSPORT (PTY) LTD v MONT BLANC FINANCIAL SERVICES (PTY) LTD Plaintiff: Adv F Saint Defendant: Adv E J Ferreira SC Breach of the terms of a brokerage agreement concluded between the parties, as well as a subsequent reimbursement agreement concluded between the parties. The defendant claims in reconvention on the basis that the parties concluded an oral money lending agreement whereby the defendant lent and advanced to the plaintiff the amount which the plaintiff refused and/or neglected to repay to the defendant. Pre-trial conference: 27 January 2022; 20 February 2023 Minutes registered: 16 February 2022; 20 March 2023 Estimated duration: 3 – 4 days	WINDELL J Secretary: Ms A du Toit E-mail: ADuToit@judiciary.org.za
11	2017/36478	MANUEL JOAO BALATE v BIDVEST PROTEA COIN ASSETS IN TRANSIT AND ARMED REACTION (PTY) LTD Plaintiff: Adv D Block Defendant: Adv B Boot Action for damages arising out of injuries sustained by the plaintiff as a result of a wrongful shooting Merits Prescription Estimated duration: 4 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

PART B: ROAD ACCIDENT FUND

12	2016/21968	GABELA NTOMBI AGNES obo GABELA NOKWANDA THOLISILE v ROAD ACCIDENT FUND Plaintiff: Adv J Killian Defendant: Ms N Mhlongo Quantum (general damages; future loss of earning capacity; future medical expenses) Estimated duration: 1 – 2 days (if argued); 4 – 5 days (if evidence led)	CAJEE AJ Secretary: Ms K Netshivhale E-mail: Netshivhale@judiciary.org.za
THE MATTERS LISTED BELOW WAS ON THE TRIAL ROLL OF THURSDAY, 04 MAY 2023 AND STOOD DOWN TO FRIDAY, 05 MAY 2023. THESE MATTERS ARE STANDING DOWN TO MONDAY, 08 MAY 2023 FOR ALLOCATION
10.	2018/38143	DITSHEHO GEORGE MAINE VS ROAD ACCIDENT FUND Plaintiff: Mr P Uys Merits and quantum Estimated duration: 1 – 2 hours (if argued); 1 – 2 days (if evidence led) Default judgment	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

11.

2019/4182

STANLEY CHOLA VS ROAD ACCIDENT FUND

Plaintiff: Mr D Grobbelaar Merits and quantum

Estimated duration: 1 – 2 hours (if argued); 1 – 2 days (if evidence led)

Default judgment

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

16.

2016/22804

MOSIMANEAKGOTLA THABO VS ROAD ACCIDENT FUND

Plaintiff: Ms L Molope-Madondo Estimated duration: 2 – 3 days Merits and quantum

Default judgment Quantum (future medical

expenses; past and future loss of earnings; general damages)

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

17.	2019/37115	LABUSCHAGNE IAN VS ROAD ACCIDENT FUND Plaintiff: Adv D J Combrink Merits and quantum Defendant’s defence struck out Estimated duration: 1 – 2 hours (if argued); 1 – 2 days (if evidence led)	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




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.