HIGH COURT OF SOUTH AFRICA, GAUTENG DIVISION, PRETORIA

FROM THE CHAMBERS OF MR ACTING JUSTICE MOVSHOVICH

17 APRIL 2023

TO: LEGAL PRACTITIONERS IN SETTLEMENT COURT IN THE WEEK OF 17 APRIL 2023 AND TO THE REGISTRAR OF THE COURT

D I R E C T I V E

1.    In many cases in the settlement court the “joint submissions” filed are not confirmed and signed by both the plaintiff and the defendant. One particular problem appears to be that the Road Accident Fund, as defendant, does not participate in the compilation of the joint submissions and/or does not confirm and sign the joint submission.

2.    Parties to proceedings before the settlement court are reminded that it is of the utmost importance, to enable the court to consider settlements and draft orders in an informed fashion and to ensure that justice is done, for the court to receive detailed, jointly formulated and approved submissions on all the aspects of the settlement as required in terms of the Judge President’s Directive 1 of 2021, and specifically paragraphs 52 to 64 thereof (“the Judge President’s Directive”). The requirements in the Judge President's Directive are not, and are not to be treated as, surplusage.

3.    All parties to settlement court proceeding, including the Road Accident Fund, irrespective of whether they are legally represented, are required to comply with the Judge President’s Directive. This means that two weeks prior to hearing, the parties are required to lodge Submissions in Support of Settlement which are jointly prepared, approved and signed by or on behalf the plaintiff and the defendant. The Submissions must cover all the factual and legal submissions set forth in the Judge President’s Directive, including as to liability, quantum and costs, depending on what relief is sought in the draft order and the settlement.

4.    The Joint Submissions must be complete and timeously filed to ensure that the settlement court is empowered to consider and decide the matter.

5.    The Registrar of this Court shall not set down the matter on the settlement court roll prior to satisfying him/herself that a Joint Submissions document approved and signed by or on behalf of the plaintiff and the defendant has been uploaded onto Caselines, as required in terms of paragraph 55.2 of the Judge President’s Directive. Once the requirements of that Directive have been complied with, the matter shall be set down on the settlement roll at least two weeks (fortnight) thereafter.

Warm Regards

Mrs Christinah Msimango

Judge’s Secretary

Office: 4.8 (4th floor)

Gauteng High Court, Pretoria Division

Cnr Madiba & Paul Kruger Street Tel: 012 492 6750

Email:ChMsimango@judiciary.org.za