Court Roll: South Gauteng High Court (Johannesburg)

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South Gauteng High Court Roll (24 July 2023)

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AS ALLOCATED

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

MONDAY 24TH JULY 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 TWALA J

Video-link BEFORE THE HONOURABLE JUDGE DIPPENAAR J

9B BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J

9C BEFORE THE HONOURABLE JUDGE MOORCROFT AJ

9D BEFORE THE HONOURABLE JUDGE TSATSAWANE AJ

UNOPPOSED MOTION

GC BEFORE THE HONOURABLE JUGDE ISMAIL J

GD BEFORE THE HONOURABLE JUDGE OPPERMAN J

GE BEFORE THE HONOURABLE JUDGE R STRYDOM J

URGENT APPLICATIONS

9E BEFORE THE HONOURABLE JUDGE VALLY J

9F BEFORE THE HONOURABLE JUDGE WILSON J

SPECIAL MOTION

11F BEFORE THE HONOURABLE JUDGE YACOOB J

(2021/21875)

FAMILY COURT

11B BEFORE THE HONOURABLE JUDGE COPPIN J

11C BEFORE THE HONOURABLE JUDGE MIA J

SPECIAL INTERLOCUTORY COURT

GB BEFORE THE HONOURABLE JUDGE WEIDEMAN AJ

DEFAULT JUDGMENT COURT

8C BEFORE THE HONOURABLE JUDGE KOM AJ

8D BEFORE THE HONOURABLE JUDGE F OPPERMAN AJ

8E BEFORE THE HONOURABLE JUDGE RAM AJ

8F BEFORE THE HONOURABLE JUDGE JOSEPH AJ

FULL BENCH APPEALS - CRIMINAL

2B BEFORE THE HONOURABLE JUDGE MOOSA J AND BEFORE THE HONOURABLE JUDGE BRITZ AJ A14/2023 A129/2022 A92/2022 A05/2022

LONG CIVIL TRIAL

8A BEFORE THE HONOURABLE JUDGE SENYATSI J

8B BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J

(2010/21719)

COMMERCIAL COURT

11D BEFORE THE HONOURABLE ADAMS J

(2015/17439)

11E BEFORE THE HONOURABLE JUDGE DLAMINI J

(2021/27074)

GENERAL CIVIL TRIALS

BEFORE THE HONOURABLE JUDGE WEPENER J

6F BEFORE THE HONOURABLE JUDGE FRANCIS J

Video-link BEFORE THE HONOURABLE JUDGE MAIER-FRAWLEY J

6A BEFORE THE HONOURABLE JUDGE DU PLESSIS AJ

6C BEFORE THE HONOURABLE JUDGE FORD AJ

2D BEFORE THE HONOURABLE JUDGE STEYN AJ

2E BEFORE THE HONOURABLE JUDGE M VAN NIEWENHUIZEN 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 JULY 2023

NUMBER ON

ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

1.	2020/27078	SHISHABA NHLANHLA VS SHISHABA MUSA FREDD Plaintiff: Adv N Rambachan- Naidoo Defendant: In person Divorce (parental rights and responsibilities; whether defendant should forfeit certain patrimonial benefits of the marriage in community of property; maintenance toward minor children) Pre-trial conference: 28 July 2022 Minutes registered: 07 November 2022 Estimated duration: 1 – 2 days	DU PLESSIS AJ Secretary: Ms N Vimbi-Mudau Email: NoVimbi- Mudau@judiciary.org.za
2.	2021/7034	ROBIN YELLIN VS LYLE BISHOP N.O BORGO DE FELICE BODY CORPORATE)	Matter is removed from the trial roll by notice
3.	2020/38915	SAKUMZI MANNINGTON MDLALO VS SYLVESTER CREEL MHANGWANE Defendant: Adv L Segeels- Ncube Prescription of claim lodged with the RAF Estimated duration: 1 – 2 days	FORD AJ Secretary: Mr S Moloi Email: SMoloi@judiciary.org.za
4.	2021/37933	WENDY JEAN NEL VS DEREK ANDREW NEL	No practice note was uploaded to the electronic file – Matter is struck off from the trial roll.

2018/23541

NTOMBELA BONGANI VS MINISTER OF POLICE

Plaintiff: Adv D Moodliyar Defendant: Adv E Magongwa

Arrest and detention Special plea pertaining to prescription

Whether plaintiff is abandoning the Condonation application of 15 May 2023

Merits and quantum Pre-trial conference: 05

August 2022; 22 March

2023

Minutes filed: 08 August 2022; 22 March 2023

Estimated duration: 4 – 5 days

Interpreter to be used

FRANCIS J

Secretary: Ms V Lee Email : VCollins@judiciary.org.za

2020/29438

LYDIE MENOUER VS LANCET LABORATORIES (PTY) LTD

Plaintiff: Adv S Myburgh Defendant: Adv E Botha Questions of defendant’s liability in view of plaintiff’s allegations of negligence by the defendant

Quantum

Whether or not a separation of issues can take place and whether the parties could have agreed on any separation.

Pre-trial conference: 08

June 2023

The plaintiff filed a notice of removal. However, the defendant did not agree to the filing of the notice and opposes the removal

No postponement application has been filed

STEYN AJ

Secretary: Mr S Maja

Email: SMaja@judiciary.org.za

2019/24526

MORGAN ABATTOIR (PTY)LTD VS HIGHROAD WHOLESALE MEAT CC AND OTHERS

Plaintiff: Adv B Stoop SC Estimated duration: 2 – 3 days

Plaintiff claims payment of amounts due to it by first defendant premised on goods sold and delivered to first defendant on account. Second defendant’s liability stems from a deed of suretyship included in the credit application which he completed whilst applying for the credit facility on behalf of the first defendant First and second defendants’ attorneys withdrew on 22 June 2023

M VAN NIEWENHUIIZEN AJ

Secretary: Mr K Ramoroka Email: KwRamoroka@judiciary.org.za

2020/10029

IAN CRAIG ROSS AND OTHER VS NEDBANK LIMITED

Plaintiff: Adv T J Jooste Defendant: Adv M Phalane

On 01 June 2023 the defendant filed a notice to amend its plea, to introduce a special plea of non-joinder The defendant’s notice to amend its plea was not objected to by the plaintiff and consequently the defendant’s amended plea was filed on 04 July 2023 The plaintiffs filed a notice to amend its particulars of claim on 20 June 2023, to which no objection was received and consequently filed its amended particulars of claim on 04 July 2023 Estimated duration: 1 day to argue special plea

MAIER-FRAWLEY J

Secretary: Ms E Manuel Email: Emanuel@judiciary.org.za

9.	2020/13929	THABANG MBEMBELE VS RMV ENGINEERING PROJECTS (PTY) LTD Plaintiff: Adv J C Klopper Payment by defendants jointly and severally resulting from a Loan Agreement entered on/about 2019 and only partly repaid, alternatively repayment of same amount based on Unjust Enrichment, further alternatively misrepresentation. The defendants instituted a counterclaim for alleged defamation Pre-trial conference: 04 May 2022 Estimated duration: 1 – 2 days	SENYATSI J Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za

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.