South Africa: Rules and Practice Notes of Superior Courts

HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

FROM THE CHAMBERS OF ACTING JUDGE DE BEER

24 MARCH 2023

TO: ALL LEGAL PRACTITIONERS

DIRECTIVE FOR DEFAULT JUDGEMENTS TRIAL COURT PROCEEDINGS BEFORE THE HONOURABLE ACTING JUSTICE DE BEER FOR 27, 28, 29, 30 AND 31 MARCH 2023

1.         All matters will be heard in open court at 10h00. The court number will be widely shared on CaseLines.

2.         The CaseLines profile must include the following:

2.1      A separately named item at the top of the CaseLines index called “COMPLIANCE SUMMARY” with a single page containing ONLY the CaseLines reference of:

TIC ORDER AND PROOF OF SERVICE NOTICE OF SET DOWN AND PROOF OF SERVICE PRACTICE NOTE COMPLIANCE AFFIDAVIT

Eg:      TIC Order and Proof of Service: 003(1)-1 And 004(2)-4

Notice of Set Down and Proof of Service

Practice Note: 011(3)-1

Compliance Affidavit: 012(1)-7

3.         The draft order for the DJ trial as a separate heading must be uploaded in PDF and Word. TWO hard copies of the draft order must be available at the hearing of the matter.  Please make sure there are no typographical errors on the drafts before they are handed up in Court.

4.        Matters will be heard according to the seniority of the counsel/attorney appearing in the matter ie. the practitioner who will be arguing the matter.

5.         Matters that have become settled: A separate profile called SETTLEMENT BUNDLE must be created containing the following: Offer and acceptance Draft Order Confirmation letter in respect of draft order - This is to ensure that another Court is not burdened with a matter that has already been read. Matters will not be stood down for settlement.

6.        In the event of a removal: Counsel / the Attorney appearing in the matter must give a full explanation for the removal and why other matters that could have been finalised, were not able to be set down in its place. Prepare on costs. If necessary, an affidavit must be uploaded under a separate pocket REMOVAL BUNDLE. A draft order must be uploaded together with the affidavit and two copies of the draft order for removal must be available at the hearing of the matter. Removals will be heard at the end of the roll.

7.         Heads of argument must be uploaded under a separate pocket HEADS OF ARGUMENT by 12h00 on the day before the set down date.