Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (30 May 2023)

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

TUESDAY, 30 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 SENYATSI J

9B BEFORE THE HONOURABLE JUDGE KUNY J

9C BEFORE THE HONOURABLE JUDGE WILSON J

9D BEFORE THE HONOURABLE JUDGE WANLESS AJ

6F BEFORE THE HONOURABLE JUDGE PEARSE AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE DIPPENAAR J

GD BEFORE THE HONOURABLE JUDGE MANOIM J

GE BEFORE THE HONOURABLE JUDGE AUCAMP AJ

URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE WINDELL J

9F BEFORE THE HONOURABLE JUDGE HOLLAND-MÜTER J

11E BEFORE THE HNOURABLE JUDGE THOMPSON AJ

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE MIA

2020/34372

INCOME TAX COURT

BEFORE THE HONOURABLE JUDGE WEPENER J

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE DLAMINI J

11C BEFORE THE HONOURABLE JUDGE FRANCK AJ

Video-link BEFORE THE HONOURABLE JUDGE MAHOMED AJ

SPECIAL INTERLOCUTORY COURT

Video-link BEFORE THE HONOURABLE JUDGE FRANCIS J

SETTLEMENT COURT

1A BEFORE THE HONOURABLE JUDGE WRIGHT J

COMMERCIAL COURT

11F BEFORE THE HONOURABLE JUDGE MAKUME J

2020/28646

Video-link BEFORE THE HONOURABLE JUDGE MALINDI J

2022/21296

LONG CIVIL TRIAL

8C BEFORE THE HONOURABLE JUDGE MAHALELO J

8A BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

8E BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

2018/02318

8D BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

2016/42698

8B BEFORE THE HONOURABLE JUDGE MALUNGANA AJ

GENERAL CIVIL TRIALS

6A BEFORE THE HONOURABLE JUDGE TWALA J

BEFORE THE HONOURABLE JUDGE OPPERMAN J

6C BEFORE THE HONOURABLE JUDGE CARRIM AJ

2E BEFORE THE HONOURABLE JUDGE STRIJDOM 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: TUESDAY, 23 MAY 2023

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

1	2010/22315	GEORGE PETRUS SWARTS v PROVINCIAL COMMISSIONER OF POLICE Plaintiff: Adv R A Britz Parents claiming damages after their son committed suicide while in custody after he was arrested Estimated duration: 2 – 3 days	CARRIM AJ Secretary: Ms N Magwalivha Email: NTMagwalivha@judiciary.org.za

2	2014/36570	RICARDO CHICHAVA v MINISTER OF POLICE Plaintiff: Adv M C Netshiendeulu Defendant: Mr T Mpulo Arrest, detention, malicious prosecution Pre-trial conference: 30 September 2020; 16 February 2021; 25 April 2022 Estimated duration: 2 – 3 days Arrest, detention, malicious prosecutions	HARDY AJ Secretary: Mr S Maja Email: SMaja@judiciary.org.za
3	2019/36733	FUMANEKILE SENTI v MINSTER OF POLICE Plaintiff: Defendant: Mr R Pooe Arrest, detention, malicious prosecution Estimated duration: 3 days	ADAMS J Secretary: Ms G Dlamini Email: GDlamini@judiciary.org.za
4	2018/1830	TINEI RAPHAEL CHINODAKUFA v MINISTER OF POLICE Plaintiff: Mr L Naidoo Defendant: Mr T Mpulo Shooting Merits Pre-trial conference: 12 August 2022 Minutes filed: 30 August 2022 Estimated duration: 4 – 5 days	COPPIN J Secretary: Mr T Kabai Email: TKabai@judiciary.org.za
5	2014/41569	GUATA MARUMO v MINISTER OF POLICE Plaintiff: Adv J Malema Arrest, detention Merits and quantum Pre-trial conference: 03 September 2021 Minutes filed: 18 May 2023 Estimated duration: 1 – 2 days *Interpreter to be used Default judgment (if no appearance by defendant)	MOORCROFT AJ Secretary: Ms L Smit Email: LSmit@judiciary.org.za

2019/22964

SENZELA SIVUYILE v PRASA

Plaintiff: Adv M Mthombeni Quantum (general damages; future medical expenses; loss of earnings; earning capacity)

Pre-trial conference: 11

February 2021; 22

September 2021; 14

September 2022; 10 May

2023

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

2018/00355

KGOMO KOLOBE MICHAEL v PRASA

Plaintiff: Adv L M Mataboge Defendant: Mr B O’Connor (Attorney)

Merits and quantum (general damages; past and future medical expenses; loss of earnings)

Pre-trial conference: 28

February 2022

Minutes filed: 28 February 2022

Estimated duration: 2 – 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

8	2018/38681	NKOSINGIPHILE VILLERS SHABALALA v MINISTER OF POLICE Plaintiff: Adv M Ndubani Arrest, malicious prosecution Pre-trial conference: 31 May 2022; 14 March 2023 Estimated duration: 2 – 3 days Merits and quantum	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

9	2019/19554	MAGWA SIBONGISENI v ROAD ACCIDENT FUND Plaintiff: Adv L B Pilusa Defendant: Ms N Mhlongo (Attorney) Merits and quantum (general damages; medical expenses; loss of earnings) Pre-trial conference: 16 March 2022 Minutes filed: 05 April 2022 Estimated duration: 2 – 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

2022/1412

VATISWA PATRICIA LIBAZI v ROAD ACCIDENT FUND

Plaintiff: Adv S Sixhiba Defendant: Mr M Khan (Attorney)

Estimated duration; 1 – 2 days

Merits and quantum (general damages; past and future loss of earnings; future medical expenses)

Pre-trial conference: 08 July 2022

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

2021/29840

MBELWA NOBABALO v ROAD ACCIDENT FUND

Plaintiff: Adv M C Phathela Defendant: Ms S Ameersingh (Attorney)

Merits and quantum (general damages; loss of earnings; earning capacity; future medical expenses) 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

12	2019/18401	MADLOPHA ZODWA SIBONGILE v ROAD ACCIDENT FUND Plaintiff: Mr T Mashishi Defendant: Ms M More- Tladinyana (Attorney) Quantum (general damages; future loss of earnings) Estimated duration: 1 – 2 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
13	2019/29739	ZONDO VUYISILE SWEET-LOVE LETHOKUHLE v ROAD ACCIDENT FUND	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
14	2022/00271	MQWASHU THEMBA v ROAD ACCIDENT FUND	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll
15	2018/46310	KLASSEN KAYLENE SHANIA v ROAD ACCIDENT FUND Plaintiff: Ms N Davidson Defendant: Ms N Moyo (Attorney) Merits and quantum (general damages; loss of earnings; future medical expenses) Estimated duration: 1 day Pre-trial conference: 22 March 2022	CRUTCHFIELD J Secretary: Ms G Vase Email: GVase@judiciary.org.za
16	2020/7426	XABANISO XOLELEWA KIDWELL v ROAD ACCIDENT FUND	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll

17	2013/28722	MUNGAL SHERITA MURIPARSAD v ROAD ACCIDENT FUND Plaintiff: Adv A Sewpersath Defendant: Ms S Ameersingh Quantum (future medical expenses; loss of earnings; earning capacity; general damages) Pre-trial conference: 28 March 2022 Minutes filed: 29 March 2022 Estimated duration; 1 – 2 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






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.