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OFFICE OF THE JUDGE PRESIDENT

JUSTICE E.M MAKGOBA

HIGH COURT OF SOUTH AFRICA, LIMPOPO DIVISION, POLOKWANE

Private Bag X 9693                                                                                                                                                                             Telephone number: (015) 230 3025

POLOKWANE                                                                                                                                                                                          Fax to Email: 086 507 6933

0700                                                                                                                                                                                                          Email: Mmaunatlata@justice.gov.za

36 Biccard Street                                 

Polokwane, 0699.

PRACTICE DIRECTIVE 01/2016

1. I hereby direct that with effect from 1 March 2016 all Court Applications for Admissions and Removals from the Roll of Attorneys and Advocates shall be lodged and be heard in the Limpopo Division of the High Court in Polokwane. 

2. The above decision is to ensure a proper control and monitoring as well as keeping records of all Legal Practitioners at the Central and main Division of the Limpopo  High Court.

E M MAKGOBA

JUDGE PRESIDENT: UMPOPO DIVISION OF THE HIGH COURT

Date: 04 FEBRUARY 2016

PRACTICE DIRECTIVE 02/2016

It has come to the notice of the Judges of this Division that legal practitioners do not comply with the Practice Manual when bringing application proceedings before Court.

This Practice Directive is aimed at addressing some of the issues that are of concern to the Judges.

OPPOSED APPLICATIONS

1         The Registrar should not allocate a date of hearing on the opposed roll unless the matter is ripe for hearing.

2        The matter shall be deemed ripe for hearing when:

- all affidavits have been delivered

-the applicant has not delivered a replying affidavit within the time specified in Rule 6(5) or on the date agreed or directed by the court.

3         The applicant shall not less than 5 clear court days before the day of hearing deliver concise heads of argument (not longer than 5 pages) and not less than 3 clear court days before the hearing the respondent shall do likewise.

4        The Practice Note shall include:

- the names of the parties and case number

- the nature of the relief sought

- duration of the argument

5.        The Heads of Argument shall include:

- issues that require determination

- incidence of the onus of proof

- brief summary (not more than 100 words) of the facts that are common cause

- whether there exist material dispute of fact and list such  disputed facts if possible

- brief summary of argument (not more than 100 words)

- list of authorities reference will be made.

6.        Heads of Argument shall be attached to the Practice Note

URGENT APPLICATIONS

1.   Practitioners shall comply with the decision in Luna Meubel Vervaardigers (Edms) Bpk v Makin's (t/a Makin's Furniture Manufacturers) 1977 (4) SA 135 (W) and the Practice Manual 13.15

2.   The application papers shall be served on the respondents unless the service thereof will defeat the purpose of the relief sought.

PREPATION OF COURT PAPERS

Subject to the provisions of Rule 62 of the Uniform Rules, in all matters the documents prepared for Court shall be:

- printed on one side of white A4 sized paper;

- printed using a uniform regular (not italics) 12 point font in Arial, Calibri, Times Roman or Times New Roman;

- the spacing between sentences shall be 1.15 cm and paragraphs shall be 1.5cm or main body of any paragraph being double line- spaced.

 

E.M MAKGOBA

JUDGE PRESIDENT: LIMPOPO DIVISION OF THE HIGH COURT

DATE: 10 MARCH 2016

PRACTICE DIRECTIVE 03/2016

PRACTICE DIRECTIVE IN RESPECT. OF SERVICE OF PRACTIONER'S

ADMISSIONS   APPLICATIONS.

ADVOCATES

Section 2 (2) of Admission of Advocate Act 74 of 1964 read with Rule 3 A (1) (c) regulates the service of the admission application on the secretary of the Bar Council or the Society of Advocates of the division concerned.

ln order to effectively and efficiently harmonise service of the admission application, I find it prudent to direct that applicants should serve their application(s), document(s) and affidavit   referred to in  Rule 3 A ,(1) (a) (b)  and (bA) on Polokwane  Society of Advocates, at 39  Voortrekker Street, Polokwane and Pretoria Society of Advocates.

ATTORNEYS

Section 19 of Attorneys Act 53 of 1979 as amended regulates delivery and service of applications for admission or re-admission as practitioner on the Secretary of the Law Society.

Similarly, in order to effectively and efficiently harmonise the delivery and service of applications for admission or re-admission as practitioner, I find it as well prudent to  direct that the applications be delivered and served only on the Law Society of Northern Province, Pretoria.

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EM MAKGOBA

JUDGE PRESIDENT

LIMPOPO DIVISION

11/5/2016

OFFICE OF THE JUDGE PRESIDENT

MR JUSTICE E.M MAKGOBA

HIGH COURT OF SOUTH AFRICA, LIMPOPO DIVISION, POLOKWANE

PRACTICE DIRECTIVE 04/2016

The following directive is published for information to all Stakeholders:

Effective Date: 25 July 2016

1. Civil Trials: All matters will be placed on the Roll on a Monday and be spread for hearing during the course of that week.

2. Special Civil Trials: (Trials lasting for 5 days or more)

The DJP shall allocate a trial date upon request by the parties, provided the matter is trial ready.

3. Opposed Motions: A maximum of 10 matters will be placed on the Roll on a Monday and be spread for hearing during the course of that week.

4. Unopposed Motions: There shall be two Courts sitting weekly, on Tuesday and Thursday.

The Roll will include:

• Default Judgements

• Unopposed exceptions

• Summary judgements (opposed and unopposed)

• Rule 43 applications (opposed and unopposed)

5. Urgent Applications:

Matters to be enrolled for hearing on Tuesdays in terms of the Practice Manual, with the necessary exceptions outlined in the Practice Manual.

6. Applications for Leave to Appeal:

Any day of the week at 09h00

7. Handing down Reserved Judgements

Any day of the week at 09h00

EM. MAKGOBA

JUDGE PRESIDENT

HIGH COURT OF SOUTH AFRICA

LIMPOPO DIVISION, POLOKWANE

PRACTICE DIRECTIVE 05/20·16

1 . That Uniform Rule 37(7), requiring minutes of the Rule 37 Conference to be filed with the Registrar not 1ater than 5 weeks prior to. The trial date, shall be strictly enforced and non-compliance  shall automatically result in the matter being struck Off

the trial roll.

2. In all RAF trial matters the following shall apply:-

2.1. Every matter will be the subject of a Rule 37(8) conference and the matter shall be considered ripe for allocation of a date for the holding of such a conference upon receipt by the Registrar of a notice applying for a trial date.

2 .2. A date of trial shall be allocated -only upon the certification by a Judge that there has been compliance with 2.1 above.

2.3. The DJP or senior Judge shall allocate such Judges as may from time to  time  become  available for the  purpose of hearing conferences caned under this practice directive.

2.4. A party ca11ed to a conference under this practice directive will receive not less than six (6) weeks' notice of the fact that the conference will be held, and a  list of  the dates for the holding of all such conferences will be included in the published trial rolls.

2.5. Where quantum will be an issue during the trial of the matter

2.5.1. A notice in terms of Rule 36 {9) (a) shall be delivered not later than fifteen (15) days before the date allocated for the conference and the summary contemp1ated in Rule 36 (9) (b) shall be delivered not later than ten (10) days  prior to the date. 

2.5.2. The  parties will thereafter  deliver  a  further  summary clearly  and  concisely  setting  out  areas  in, which  their respective experts agree as well as areas in which they disagree. Such summary shall be delivered not later than two (2) days prior to the  date.

2.6. The provisions of Rule 37 (4), 37  (5), 37(6) and 37(7)  shall

apply mutatis mutandis. 2.7. At the Rule 37(8) conference the presiding judge s all note  on the court file whether the preparation and conduct of each of the parties is considered satisfactory or unsatisfactory, giving  such  reasons  as the, presiding  judge  may in his discretion deem fit.

2.8. If the conduct of any party is marked as unsatisfactory then, should the matter ultimately come before the court, the party or parties against whose name an unsatisfactory note has been placed will be obliged to make submissions -

2.8.. As to why the provisions of Rule 37(9)(a) should not be invoked against that party or that party’s leg al

representative in respect of a special order as to costs.

2.8.2. In particular, as to why an order  should  not  be made

denying the party or the party's legal representatives the right to  claim ,costs, and ordering the party or the party's legal representatives to. pay the wasted costs of the opposing party.

2.9. Where attorneys place themselves on record subsequent to such conferences as may be convened' under this directive, then that attorney shall, if that attorney so wishes to be disassociated  from an unsatisfactory mark,   request re­allocation for the purpose of an additional conference.

EM MAKGOBA

JUDGE PRESIDENT

HIGH COURT OF SOUTH AFRICA

LIMPOPO DIVISION POLOKWANE

DATE: 17/10/2016

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