South Africa: Rules and Practice Notes of Superior Courts Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Rules and Practice Notes of Superior Courts >> 2023 >> [2023] ZARC 44

| Noteup | LawCite

Gauteng Division, Pretoria Urgent Directive effective 24/2/2023-3/3/2023 [2023] ZARC 44 (23 February 2023)

Download original files

PDF format

RTF format


 

REPUBLIC OF SOUTH AFRICA

OFFICE OF THE HONOURABLE MADAM JUSTICE KHUMALO HIGH COURT OF SOUTH AFRICA, GAUTENG DIVISION, PRETORIA

Pretoria High Court Building, c/o Madiba & Paul Kruger Streets, Room 3.6

Tel: (012) 492 6726 E-mail: evandermerwe@judiciary.org.za

23 February 2023

Dear Advocate/Sir/Madam

 

URGENTS

CORAM: KHUMALO J (Ms) et MILLAR J

2023 TERM 1 WEEK 7 (24 February to 3 March 2023)

 

1.         All matters should be ready by the time of filing at 12h00 Thursday 23 February 2023. Matters that were not ready at time of filing at 12:00 on Thursday 23 February 2022 (i.e. all relevant affidavits filed and the case indexed and paginated) and where no link has been received, the matter will be struck from the roll, they will not be heard.

 

2.         There will be no roll-call on Tuesday 28 February 2023. Virtual court hearings will start on Tuesday 28 February 2023 at 10h00 in accordance with the allocation roll that will be sent to the practitioners before 16h00 on 24 February 2022 unless specifically otherwise stated. Legal practitioners are urged to log on to the MS Teams virtual hearings at the timeslots indicated on the allocation roll.

 

3.         An allocation does NOT mean that the matter is considered sufficiently urgent to be heard on the merits. Submissions will need to be made regarding the grounds of urgency.

 

4.         All cases MUST be created on Court on Line and linked to Case line so that the matters appear and are accessible to the court on Case line. Therefore, all necessary documents must be available on the Case line platform. If any problems are experienced, the judge’s registrar may be contacted TIMEOUSLY.

 

5.         A practice note must be filed setting out the following:

 

4.1             The grounds for urgency and where it appears in the founding affidavit;

 

4.2             Nature of relief sought;

 

4.3             Total number of pages;

 

4.4             An indication which portion of the papers must be read and which not;

 

4.5             The estimated duration of the matter;

 

4.6             If there is non-compliance with the updated AJP’s directives issued recently or the practice directives for urgent court, the reasons for such deviation;

 

4.7             Contact details for both legal practitioners (counsel and attorney of record), which must include both cell phone numbers and email addresses.

 

6.         Where no certificate of urgency has been filed and/or no practice note has been filed the matter will be struck from the roll unless good cause is shown for non-compliance as per the issued directive.

 

7.         Please also note that the master bundle must be properly indexed and paginated and uploaded. Each document must be individually identified in the master bundle, including annexures. If not, it will result in your matter being struck from the roll. This must be attended to before 16h00 Friday 24 February 2023.

 

8.         The profiles on Caselines will be frozen at 16h00 on Friday, 24 February 2023. No piece- meal filing of affidavits will be allowed.

 

9.         In all opposed matters, heads of argument must be filed by both parties before 16h00 on Friday 24 February 2024. Strict regard will be had to the rules of urgency. As the profiles will be frozen, please email the heads of argument to EVanDerMerwe@judiciary.org.za & ellickvdmerwe@gmail.com. and to Hbotes@judiciary.org.za according to the allocated roll. No e-mailing will be accepted that is done on Monday 27 February 2023. The 48 hrs grace for the Judges to read the papers will be strictly adhered to. Papers therefore filed within 48 hours before time allocation will be accepted.

 

10.       If there is non-compliance with the practice directive, the matter will be struck from the roll, unless good cause is shown for non-compliance.

 

11.       It is the parties' responsibility to obtain dates from the registrar for return dates.

 

12.       In the event that a new application, after hours or during court hours, is instituted the instructing attorney or counsel must contact the secretary of Judge Millar, Ms Hester Botes, between Friday 24 February after 16H00 to Tuesday 28 February until 08H00 and Mr Ellick van der Merwe from Tuesday at 08H00 until Friday 3 March at 16H00 telephonically, to whom

 

the application must also be forwarded. Such must include a practise note, the notice of motion and a commissioned founding affidavit for consideration for the matter to be enrolled. This must be done before the matter is created on Court on Line and issued with a case number. The practise note must adhere to paragraph 4 above. In this regard the provisions of sub-paragraphs 7.1 to 7.4 of chapter 13.24 of the Practice Manual will apply mutatis mutandis.

 

13.       Separate rolls will be distributed later for Judge Khumalo and Judge Millar after final allocations have been made.

 

14.       The directive as set out in paragraph 2 only applies to the roll of the Honourable Judge Khumalo (Ms). The chambers of the Honourable Judge MILLAR must be approached to ascertain in what manner his roll will be conducted.

 

Yours faithfully

 

(ELECTRONICALLY GENERATED; NOT SIGNED)

Mr E van der Merwe Judge’s Secretary

The Honourable Judge KHUMALO (Ms) Tel No: (012) 492 6726

Cell No: 083 644 3211 (WhatsApp only)

E-mail: evandermerwe@judiciary.org.za & ellickvdmerwe@gmail.com

 

&

 

Ms H Botes Judge’s Secretary

The Honourable Judge MILLAR Tel No: (012) 492 9078

Cell No: 083 297 7406

E-mail: Hbotes@judiciary.org.za

 

REPUBLIC OF SOUTH AFRICA

OFFICE OF THE HONOURABLE MADAM JUSTICE KHUMALO HIGH COURT OF SOUTH AFRICA, GAUTENG DIVISION, PRETORIA

Pretoria High Court Building, c/o Madiba & Paul Kruger Streets, Room 3.6

Tel: (012) 492 6726 E-mail: evandermerwe@judiciary.org.za

 

URGENTS ROLL (Date and Time allocation) CORAM: KHUMALO J (Ms)

2023 TERM 1 WEEK 7 (24 February to 3 March 2023)

 

Monday 27 February 2023 at 10H00

 

19.

MATHEBULA TSAKANI CONVIVIAN v MATHEBULA SIDHEVANI MORRIS PLUS ONE

App: Adv Matidza Dur: 1day

B159/2023

35.

THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY PLUS ONE VS APTITUDE TRADING ENTERPRISE (PTY) LTD PLUS 102 OTHERS

App: Adv Skhosana Dur 4 hours Res: Adv Els

33009/2022

 

Tuesday 28 February 2023 at 10H00

 

1.

THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL v ANTON PAUL VAN STADEN

30 min Unknown

2023-002578

4.

THE SOUTH AFRICAN LEGAL PRACTICE COUNCIL v LETLHOGONOLO MEISIE MATJENI PLUS ONE

To be removed

B303/2023

11.

JOHANNES FREDERIK MEYER v CATHERINE NATACHIA COMPAAN

30 min

App: Adv Pienaar

B458/2023

 

12.

EATCLEAN (PTY) LTD t/a FITCHEF PLUS TWO OTHERS v FOOD FACTORY VALUE ADDED (PTY) LTD PLUS TREE OTHERS

30 min

App: Adv Kasselman

2023-015896

14.

NDIVHUVO PATRICK MABILA PLUS ONE v THE CHAIRMAN FOR THE DISCPLINARY HEAD OF REDDFORD HOUSE THE HILLS PLUS TWO OTHERS

Application withdrawn

B456/2023

21.

HUURKOR COMMERCIAL PROPERTIES (PTY) LTD v BUILD BEAST RENOVATIONS (PTY) LTD

15 min

App: Adv Kasselman

B140/2023

22.

HUURKOR COMMERCIAL PROPERTIES (PTY) LTD VS KAAI 5 (PTY) LTD

15 min

App: Adv R van Schalkwyk

B139/2023

28.

IBHEGI CIVILS (PTY) LTD VS R & D TRADING ENTERPRISES T/A WENBRO HIRE

5 min

App: Adv R Van Dyk

54350/2021

33.

CLOETE MURRAY PLUS THREE OTHERS v MASTER OF THE HIGH COURT PLUS EIGHT OTHERS

To be removed

2023-016586

40.

SENZO MZAMO PERCIVAL HLATSHWAYO v CONSTANT WILSNACH

3 hours

App: unknown

25753/2010

 

44.

BAREND VAN ERKOM (PTY) LTD vs THE CITY OF TSHWANE AND THE MUNICIPAL MANAGER: CITY OF TSHWANE

MATTER TO BE CONSIDERED FOR ENROLLMENT

30 min

App: Adv Voster Res: unknown

2023-019193

46.

DOLF VD MERWE vs KINGDOM VET PTY LTD & L CLOETE & 3 OTHERS

MATTER TO BE CONSIDERED FOR ENROLLMENT

1 hour

App: Adv A van der Merwe Res: Adv A J Swanepoel

2023-010457

 

 

Tuesday 28 February 2023 between 10H00 (to be decided on paper)

 

39.

(EX-PARTE) DOREZA VAN WYK

App: Adv Schreuder

No appearance required

2023-013788

 

Wednesday 1 March 2023 between 10H00 and 11H30

 

5.

LORAINE VERMAAS v PETRUS JOHANNES VERMAAS

60 to 90 min

App: Adv Spangenberg

B298/2023

 

Wednesday 1 March 2023 between 12H00 and 13H00

 

8.

NOBERT CHAKANETSA NYAMANDE v THE MINISTER OF EMPLOYMENT AND LABOUR PLUS TWO OTHERS

30 to 45 min

App: Adv Takalani

2022-008845

 

Wednesday 1 March 2023 between 14H00 and 15H00

 

17.

NEVILLE ANTHONY LUCAS PLUS ONE VS MELANI HAGERMAN PLUS ONE

Duration unknown App: Mr Voster

2022-053358

 

Thursday 2 March 2023 at 10H00

 

26.

BORIS GEORGE SAVVAS v THE MINISTER OF HOME AFFAIRS PLUS ONE

2 hours

App: Adv Savvas

Res: Adv T Modisenyane

2022-041947

13.

SIQALO FOOD (PTY) LTD VS MINISTE OF AGRICULTURE LAND RURAL DEVELOPMENT PLUS THREE OTHERS

2 hours

App: Adv R Muchau SC & Harilal

2023-014207

 

Thursday 2 March 2023 between 12H00 and 13H00

 

36.

BOITUMELO MOKWENA v LIHLE NEO MPUMLWANA

1 hour

App: Adv Keijser

B355/2023

 

Thursday 2 March 2023 between 15H00 and 15H30

 

18.

CSS WILD COAST JOINT VENTURE v SOUTH AFRICAN NATIONAL ROADS AGENCY SOC PLUS ONE

30min

App: Adv Andrew Kemack SC & Pantazis

2023-015610

 

Thursday 2 March 2023 between 15H00 and 15H00

 

30.

QUEENPHATHUTSHEDZO MBEDZI VS MPFARISENI PATRICK MBEDZI PLUS ONE

1 day?

App: Adv Makopo

2023-018633

 

Friday 3 March 2023 at 10H00

 

27.

DISCOVERY HEALTH (PTY) LTD VS ROAD ACCIDENT FUND PLUS ONE

1 hour

App: Adv Tsatsawane SC

2022-016179

45.

YAKHE KWINANA V SOUTH AFRICAN INSTITUTE OF CHARTERED ACCOUNTANTS

MATTER TO BE CONSIDERED FOR ENROLLMENT

Unknown App: unknown Res: unknown

2023-019598

 

 

 

Yours faithfully

 

 

(ELECTRONICALLY GENERATED; NOT SIGNED)

Mr E van der Merwe Judge’s Secretary

The Honourable Judge KHUMALO (Ms) Tel No: (012) 492 6726

Cell No: 083 644 3211 (WhatsApp only)

E-mail: evandermerwe@judiciary.org.za & ellickvdmerwe@gmail.com