Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (22 May 2023)

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AS ALLOCATED

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

MONDAY, 22ND 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

9A BEFORE THE HONOURABLE JUDGE OPPERMAN J

9B BEFORE THE HONOURABLE JUDGE ADAMS J

9C BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

9D BEFORE THE HONOURABLE JUDGE BENSON AJ

6F BEFORE THE HONOURABLE JUDGE TERNENT AJ

UNOPPOSED MOTION

Video-link BEFORE THE HONOURABLE JUDGE FRANCIS J

GD BEFORE THE HONOURABLE JUDGE MUDAU J

GE BEFORE THE HONOURABLE JUDGE TWALA J

URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE WRIGHT J

9F BEFORE THE HONOURABLE JUDGE STRIJDOM AJ

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE WEPENER J

2021/29672

11E BEFORE THE HONOURABLE JUDGE DLAMINI J

2022/20741

11D BEFORE THE HONOURABLE JUDGE HOLLAND-MUTER AJ

2022/13096

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE KEIGHTLEY J

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE MEIKLE AJ

11C BEFORE THE HONOURABLE JUDGE HARDY AJ

SETTLEMENT COURT

1A BEFORE THE HONOURABLE WANLESS AJ

SPECIAL TRIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE COPPIN J

FULL BENCH APPEALS – CRIMINAL

4F BEFORE THE HONOURABLE JUDGE ISMAIL J

AND BEFORE THE HONOURABLE JUDGE JOHNSON AJ

125/2019 A139/2022 A106/2022 A142/2022

COMMERCIAL COURT

Offsite facility BEFORE THE HONOURABLE JUDGE MANOIM J

2020/20232

LONG CIVIL TRIAL

8C BEFORE THE HONOURABLE JUDGE MAHALELO J

Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

2017/11006

8A BEFORE THE HONOURABLE JUDGE MAHOMED AJ

2016/27435

8D BEFORE THE HONOURABLE JUDGE CARRIM AJ

2017/9251

8B BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

2015/2564

GENERAL CIVIL TRIALS

6C BEFORE THE HONOURABLE JUDGE KEIGHTLEY J

6A BEFORE THE HONOURABLE JUDGE R STRYDOM J Video-link BEFORE THE HONOURABLE JUDGE SENYATSI J 8E BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

GA BEFORE THE HONOURABLE JUDGE KUNY J

6D BEFORE THE HONOURABLE JUDGE FARBER AJ

2E BEFORE THE HONOURABLE JUDGE SIKHAKHANE AJ

2D BEFORE THE HONOURABLE JUDGE A LOUW 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, 15 MAY 2023

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

1.	2021/34767	MOHLAKA MOSIMA MARY-JANE obo MOHLAKA MATHABATHA v CITY OF EKURHULENI METROPOLITAN MUNICIPALITY	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll

2018/45732

LANGE LEANNE LYNNE v HENEGAN PATRICK LESTER HARVEY

Plaintiff: Adv K Turner 1st Defendant: In person

This is a dispute regarding whether a document which was completed by the late Andrew Henegen (the testator) on 02 October 2017 constitutes a document signed by the testator who has died since its execution, which was intended to his will or an amendment of his will in terms of section 2(3) of the Wills Act.

Alternatively, in terms of section 2A of the Wills Act (further alternatively the common law) from the completion of the above document and the surrounding circumstances, whether was the intention of the testator that clauses 3.1.1 and 3.1.2 of the testator’s initial will are revoked with the effect that the right of accrual applies and the first and second plaintiffs succeed in proportionately inheriting the vacant shares of the first and second defendants.

1st Defendant intimated that the matter is not ready to proceed and he intends seeking a postponement which will be opposed

Pre-trial conference: 28 March 2023 in the absence of the 1st defendant as he elected not to attend.

Minutes filed: 04 April 2023

Estimated duration: 1 – 2 days

*Afrikaans/English Interpreter to be used

LOUW AJ

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

2021/16681

WHELAN HELENA v NSIBANDO’S TRADING (PTY) LTD

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

from the trial roll

2021/48713

CLOETE DANIEL v VALR (PTY) LTD

The matter became settled between the parties and is in the process of preparing a draft order

SENYATSI J

Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za

5.	2021/35951	MORGAN CARGO (PTY) LTD v ANGELO ANTHONY BEYLIS	Matter is removed from the trial roll by notice
6.	2020/20218	MAN AUTOMOTIVE (SA) (PTY) LTD v IAN CHRISTOPHER SEETHAL Plaintiff: Adv E Kromhout Defendant: No legal practitioner on record This is an action against a former employee of the plaintiff for payment based on fraudulent misrepresentation, alternatively unjust enrichment, further alternatively breach of contract. Pre-trial conference: 29 April 2021; 24 January 2022 Minutes filed: 03 June 2021; 16 February 2022 Estimated duration: 5 days (if matter proceeds – the defendant has become unresponsive subsequent to the withdrawal of his attorneys) If no appearance by defendant, the plaintiff will seek default judgment *Some witnesses are based in Europe	FARBER AJ Secretary: Ms N Pholo Email: NiPholo@judiciary.org.za
7.	2017/12403	LEE JUSTINE v AIRPORT COMPANY OF SOUTH AFRICA SOC LTD Plaintiff: Adv D Strydom Injuries sustained at airport while awaiting to board a flight The matter has become settled and a settlement agreement is being drafted and will be made an order of court Pre-trial conference: 11 August 2022 Minutes filed: 11 August 2022 Estimated duration: 3 – 4 days (in event that trial proceeds) *Some expert witnesses have emigrated	SENYATSI J Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za
8.	2019/20401	DLOMO THANDAZILE PEARL v NETCARE CARDEN CITY HOSPITAL	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll


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.