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South Gauteng High Court Roll (14 August 2023)

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AS ALLOCATED

 

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

MONDAY 14TH AUGUST 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 MUDAU J

 

Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

9A BEFORE THE HONOURABLE JUDGE NOKO J

9B BEFORE THE HONOURABLE JUDGE MAUBANE AJ

 

9C BEFORE THE HONOURABLE JUDGE LIVERSAGE AJ

 

UNOPPOSED MOTION

 

GC BEFORE THE HONOURABLE JUGDE FISHER J

GD  BEFORE THE HONOURABLE JUDGE SENYATSI J

GE BEFORE THE HONOURABLE JUDGE BENSON AJ


URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE YACOOB J

 

9F  BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

 

SPECIAL MOTION

 

11F BEFORE THE HONOURABLE JUDGE WANLESS AJ

(2021/23785) (2021/38399) (2021/23784)


INCOME TAX COURT

 

BEFORE THE HONOURABLE JUDGE NKOSI-THOMAS AJ

 

FAMILY COURT

 

11B BEFORE THE HONOURABLE JUDGE FRANCIS J

 

11C BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

 

SPECIAL INTERLOCUTORY COURT

 

GB BEFORE THE HONOURABLE JUDGE PIENAAR AJ

 

RAF DEFAULT JUDGMENT COURT

 

8C BEFORE THE HONOURABLE JUDGE NAIDOO AJ

 

8D BEFORE THE HONOURABLE JUDGE DOCRAT AJ

 

8E BEFORE THE HONOURABLE JUDGE GOODENOUGH AJ

 

8F  BEFORE THE HONOURABLE JUDGE HITCHINGS AJ

 

FULL BENCH COURT APPEALS: CRIMINAL

 

4A BEFORE THE HONOURABLE JUDGE MABESELE J

AND BEFORE THE HONOURABLE JUDGE VAN DER WESTHUIZEN AJ

A142/2010 A16/2023 A01/2023  2022/93

 

APPLICATION FOR LEAVE TO APPEAL

 

11A BEFORE THE HONOURABLE JUDGE COPPIN J 09H30

2019/38193 H R COMPUTEK (PTY) LTD v DR W A A GOUWS (JHB) (PTY) LTD

 

LONG CIVIL TRIAL

 BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

 8B  BEFORE THE HONOURABLE JUDGE S VAN NIEUWENHUIZEN AJ

(2013/14201)

 

8A BEFORE THE HONOURABLE JUDGE NTULI AJ

(2021/4276) Matter is removed from the trial roll by notice

 

6C BEFORE THE HONOURABLE JUDGE CAJEE AJ

(2014/39988)

 

COMMERCIAL COURT

 

Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J

(2022/00790)

 

11D BEFORE THE HONOURABLE JUDGE DLAMINI J

(2018/37332)


GENERAL CIVIL TRIALS

 

11E BEFORE THE HONOURABLE JUDGE WILSON J

 

6F  BEFORE THE HONOURABLE JUDGE G NEL AJ

 

6B BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ

GA  BEFORE THE HONOURABLE JUDGE NOBANGULE AJ

1A BEFORE THE HONOURABLE JUDGE WHITTINGTON 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.

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, 04 AUGUST 2023


NUMBER

ON ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

 

1.

2021/17415

MAKITLA ZUBULON MMUSENG VS MAKITLA SELLWANE MARIA

Plaintiff: Mr F M Masweneng Defendant: Adv Z Majenge Estimated duration: 1 hour Divorce (division of estate: forfeiture against the defendant)

G NEL AJ

Secretary: Ms C Ramaube Email: BCRamaube@judiciary.org.za


2.

2021/46570

LETHABO LEBO LETTIE MAUNATLALA VS SABC SOC LIMITED

Plaintiff: Adv M Mtembu and Adv M V Botomane Defendant: Adv K Tsatsawane SC and Adv R Naidoo

Estimated duration: 2 – 3 days Plaintiff’s claim is one based in delict for damages suffered as a result of the defendant’s failure to act.

The plaintiff was employed by the defendant and commenced employment on 01 July 2007. The plaintiff was sexually harassed by her line manager at the time.

The defendant established an independent Commission of Inquiry on 31 October 2018, which presented a report and recommendations broadly accepted by the defendant’s board in totality.

The line manager was found guilty of the sexual harassment of the plaintiff on 30 September 2019 by the defendant’s own internal processes and

recommendations were made in respect of the plaintiff’s claim. The defendant failed to implement the

recommendations. Merits and quantum

Defendant has raised a special plea of prescription

Pre-trial conference: 01

August 2023

WILSON J

Secretary: Mr T Chauke Email: TiChauke1@judiciary.org.za


3.

2019/22952

ALM MINING CONSULTANTS(PTY) LTD VS SG CONVENIENCE AND OTHERS

Plaintiff: Adv J G van der Merwe

Material damages claim arising from a motor vehicle accident on 05 October 2018 in which the plaintiff’s vehicle was damaged beyond repair. The plaintiff alleges that the said collision was caused by the sole negligence of the third defendant, the driver of the vehicle, which collided with the plaintiff’s vehicle at a robot- controlled intersection. It is alleged that the third defendant was acting in the cause and scope of his duties, alternatively in the furthering interests of the first and/or second defendant at the time of the collision.

Merits and quantum Estimated duration: 1 – 2 days

WHITTINGTON AJ

Secretary: Ms T Ndau

Email: TNdau@judiciary.org.za

4.

2014/25552

MADUNA ASANDA obo MADUNA REGINA VS MEC FOR HEALTH

Plaintiff: Adv N van der Walt SC and Adv R Andrews Defendant: Adv N Makopo Pre-trial conference: 09

September 2022

Minutes filed: 15 September 2022

Medical negligence Quantum (future medical expenses)

Estimated duration: 5 days

NOBUNGULE AJ

Secretary: Ms K Netshivhale Email: KNetshivhale@judiciary.org.za

5.

2018/34865

NEDBANK LIMITED VS THOKWANE PHINEASE MOLOTO

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

from the trial roll

6.

2021/55820

WILLEM VAN NIEKERK VS JOHN HENRY

BAKKES AND OTHERS

Matter is removed from the trial roll by notice


7.

2015/29209

INDUSTRIAL DEVELOPMENT CORPORATION OF SA LTD VS ANTHONY NATHAN N.O AND OTHERS

Plaintiff: Adv S Hussein- Yousuf

Estimated duration: 3 – 4

days; 5 days

Contractual claim in terms of Guarantee Agreement together with a counterclaim by the defendants for damages

Pre-trial conference: 04

August 2023

Defendants indicated that they would apply for a postponement as they wish to obtain legal representation – plaintiff opposes postponement

Pre-trial conference: May 2023

J STRIJDOM AJ

Secretary: Ms L Mahlangu Email: LaMahlangu@judiciary.org.za

 

 

 

 

PART B: ROAD ACCIDENT FUND

 

8.

2019/27583

ADV JM KILIAN N.O obo SIYABONGA LEBU ZIQUBU VS ROAD ACCIDENT FUND

Plaintiff: Ms L Smit Defendant: Mr D Coetzee Merits and quantum (future loss of income; general damages; future medical expenses; past and future loss of support)

Pre-trial conference: 14

September 2021 Minutes filed: 07 October 2021

Estimated duration: 1 – 2 hours (if argued); 2 – 3 days (if evidence led)

G NEL AJ

Secretary: Ms C Ramaube Email: BCRamaube@judiciary.org.za

9.

2015/39162

LEBOGANG BAARTMAN VS ROAD ACCIDENT FUND

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

from the trial roll

THE FOLLOWING MATTERS WERE ENROLLED ON THE CIVIL TRIAL ROLL OF TUESDAY, 08 AUGUST 2023 AND HAD BEEN CROWDED OUT DUE TO

NON-AVAILABILITY OF JUDGES


T1.

2015/19234

SIMPHIWE MTETWA VS MINISTER OF POLICE

Plaintiff: Adv J Malema Defendant: Adv K Nxumalo Arrest, detention, assault Merits and quantum

Pre-trial minutes registered: 08 June 2022

Estimated duration: 2 – 3 days Interpreter to be used

NTULI AJ

Secretary: Mr S Moloi

Email: SMoloi@judiciary.org.za

T4.

2020/15853

B. A. FOURIE obo DYLAN DANIELS VS ROAD ACCIDENT FUND

Plaintiff: Adv G Goedhart SC and Adv L Matsiela Defendant: Mr T Naidoo Quantum (general damages; loss of earnings)

Pre-trial conference: 29

October 2021; 27 May 2022;

20 September 2022

Minutes filed: 27 May 2022;

20 September 2022 Estimated duration: 2 days

CAJEE AJ

Secretary: Ms N Vimbi-Mudau Email: NoVimbi- Mudau@judiciary.org.za

T6.

2021/13776

KHAN MARRIAM VS ROAD ACCIDENT FUND

Plaintiff: Adv A den Hartog Defendant: Ms M B More Merits and quantum (future medical expenses; general damages; loss of earnings) Pre-trial conference: 13 May 2022

Minutes registered: 13 May 2022

Estimated duration: 2 – 3 hours (if argued); 2 – 3 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


T9.

2017/45596

YIKANI MZWANDILE

HENRY obo KHONOLUHLE NOMTHANDAZO VS ROAD ACCIDENT FUND

Plaintiff: Unknown Defendant: Ms S Monde Quantum (past and future medical expenses; 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

T13.

2016/35660

THOMPSON COLE LEROY VS ROAD ACCIDENT FUND

Plaintiff: Adv J Killian Defendant: Mr T Naidoo Merits and quantum (past and future medical expenses; general damages; loss of earnings; earning capacity; contingencies)

Pre-trial conference: 13 May 2022

Minutes filed: 13 May 2022

Estimated duration: 1 – 2 days (if argued); 4 – 5 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


T14

2020/43384

NGOBENI THULANI obo YOLANDA v ROAD ACCIDENT FUND

Plaintiff: Adv Lukhele Defendant: Mr T Ngomana Quantum (general damages; past loss of earnings; future loss of earnings; future medical expenses)

Estimated duration: 1 – 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

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.