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Gauteng Division, Pretoria Directive on Default Judgments in RAF matters [2023] ZARC 30 (3 February 2023)

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OFFICE OF THE DEPUTY JUDGE PRESIDENT LEDWABA

HIGH COURT OF SOUTH AFRICA,

GAUTENG PROVISIONAL DIVISION, PRETORIA

Gauteng High Court Building, Cnr. Madiba & Paul Kruger Strs, Room 7.15, 7th Floor

Tel, (012) 315 7573 –

E-mail: SSidesha@judiciary.org.za/sidesha@gmail.com

To:

1.            The Judges of the Gauteng Division, Pretoria and Johannesburg

2.            Chief Registrar, Gauteng Division, Pretoria and Johannesburg

3.            Legal Practice Council- Gauteng

4.            Law Society of South Africa

5.            Gauteng Family Law Forum

6.            Gauteng Attorneys Association

7.            Pretoria Attorney’s Association

8.            Johannesburg Attorneys Association

9.            West Rand Attorneys Association

10.         South African Black Women in Law

11.         National Association of Democratic Lawyers

12.         Black Lawyers Association

13.         South African Women Lawyers Association

14.         South African Medical Malpractice Lawyers Association

15.         Personal Injury Plaintiff Lawyers Association

16.         South African Medico-Legal Association

17.         Office of the Director of Public Prosecution, Pretoria and Johannesburg

18.         Office of the State Attorneys, Pretoria and Johannesburg

19.         Solicitor General

20.         Office of the Family Advocate, Pretoria and Johannesburg

21.         Legal Aid South Africa

22.         Johannesburg Society of Advocates

23.         Pretoria Society of Advocates

24.         Gauteng Society of Advocates

25.         Pan African Bar Association of South Africa

26.         General Council of the Bar of South Africa

27.         National Bar Council of South Africa

28.         South African Bar Association

29.         National Forum of Advocates

30.         North Gauteng Association of Advocates

31.         Church Square Association of Advocates

32.         Advocates for Transformation

33.         Legal Division of the Department of Health: Gauteng

34.         Legal Division of the Department of Sport, Arts, Culture and Recreation

35.         Gauteng Department of Agriculture and Rural Development

36.         Legal Services- Gauteng Provincial Department of Education

37.         Gauteng Society of Advocates

CIRCULAR 1//2023

RE: DEFAULT JUDGMENTS APPLICATIONS IN RAF MATTERS

1.            The purpose of this Default Judgment Application Circular is to reduce the turnaround times in respect of Default judgment applications and accelerate the allocation dates of hearing.

2.            The office of the Registrar will re-allocate matters provisionally enrolled on the Default Judgment rolls for July, August and September 2023 to be hard in the period between 22 March – 31 March 2023.

3.            Regarding reallocation of the new dates in respect of Default Judgment applications which have been allocated dates in July to September 2023, it is not necessary for practitioners to file a new applications for the earlier dates or to request in writing from the office of the Registrar allocation of the new date.

4.            Re-allocation of earlier dates shall be facilitated by the office of the Registrar.

5.            New dates of hearing for the Default Judgment applications that were allocated dates in July, August and September shall be updated on Caselines by 13 February 2023.

6.            Practitioners must checks the new allocated dates on Caselines. The new allocated dates must be served on the RAF on or before 3 March 2023. Failure to serve and file the notice of set down will result in matters removed from the roll and the allocation previous and new date of hearing will be forfeited.

RE: RAF MATTERS STRUCK OUT BY THE TIC COURT ALLOCATED DATES ON THE CIVIL TRIAL ROLL

7.            In matters wherein a trial date has been allocated on the ordinary civil trial roll from the 17 July 2023 and a Trial Interlocutory Court (TIC) has struck out the defence of the defendant, such matters should be removed from the ordinary civil trial roll and an earlier date of hearing shall be allocated on the Default Judgment roll in June 2023 in the last week of term and the first week of recess (11-23 June 2023).

8.            In respect of the matters mentioned in Paragraph 7 above, for the matters to be allocated an earlier date of hearing on Default Judgment roll the Plaintiff’s attorney must write a letter to the attention of the Registrar Ms Mohale on the 4th Floor room 4.32 on or before 21 April 2023 stating the following;

8.1.       the case number and the names of the Parties

8.2.       the date in which the defendant’s defence was struck and the copy of the order attached therein; and

8.3.       the date of set down on the trial roll

9.            The responsibility remains with the Litigants to ascertain that their matters are enrolled on the correct roll.

A P LEDWABA

DEPUTY JUDGE PRESIDENT

GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA

DATE: 3RD FEBRUARY 2023