South Africa: Rules and Practice Notes of Superior Courts

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 |
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