South Africa: Rules and Practice Notes of Superior Courts

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[2023] ZARC 30
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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