rolls/day... · web view2020. 10. 8. · zama b magwaza. vs . raf. 65338/11. upload the trial...
TRANSCRIPT
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
PRETORIA THIS 18TH DAY OF SEPTEMBER 2020
FRIDAY
MATTERS ON THE SETTLEMENT ROLL STANDING DOWN FROM MONDAY 14 SEPTEMBER 2020 AND WEDNESDAY 16 SEPTEMBER 2020
NEL AJ VIRTUAL COURT ON MICROSOFT TEAMS
OUTCOMES AND MATTERS STANDING DOWN
TAKE NOTE OF THE REMARKS/OUTCOME BELOW EACH MATTER.
COURT WILL COMMENCE AT 10H00 ON MICROSOFT TEAMS.
IT IS THE RESPONSIBILITY OF EACH ADVOCATE/ATTORNEY APPEARING TO ARRANGE AN INVITATION WITH THE REGISTRAR OF NEL AJ, MS LUMKA MSUTU AT [email protected] TO APPEAR.
CIVIL TRIAL SETTLEMENT ROLL
PRETORIA ON THIS DAY OF 18 SEPTEMBER 2020
MATTERS WHICH STOOD DOWN FROM 14 AND 16 SEPTEMBER 2020:
BEFORE THE HONOURABLE JUSTICE NEL AJ:
A
H M VILJOEN
VS
RAF
47819/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
B
Z P MASANGO
VS
RAF
57190/14
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
C
B J VAN DYK
VS
RAF
21609/18
DRAFT ORDER MARKED “X” GRANTED
NO APPEARANCE REQUIRED.
D
V NCWADIComment by Pieter Nel:
VS
RAF
56461/16
ORDER ALREADY GRANTED BY KUBUSHI J ON 19 AUGUST 2020
E
M E MONYEKI
VS
RAF
1446/2013
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
F
M PHEPHETHA
VS
RAF
12435/12
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
G
NTULI M L
VS
RAF
1893/16
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
H
D O RAMOKOPELA
VS
RAF
9560/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
I
LEKGAU RAMTSOBANE
VS
RAF
8047/17
DRAFT ORDER AS AMENDED AND MARKED “X” GRANTED.
NO NEED FOR APPEARANCE.
J
MALULEKA J S
VS
RAF
57115/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
K
M M BALOYI
VS
RAF
49090/17
DRAFT ORDER “X” AS AMENDED GRANTED.
NO NEED FOR APPEARANCE.
L
MABUZA M A
VS
RAF
80387/17
AT THE INSTANCE OF PLAINTIFF’S COUNSEL, THE MATTER IS REMOVED FROM THE ROLL.
M
N B MFUNDA
VS
RAF
44727/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
N
GP WILLEMSE
VS
RAF
5275/18
DRAFT ORDER “X” GRANTED ON 14 SEPTEMBER 2020.
NO APPEARANCE REQUIRED.
O
E BEZUIDENHOUT
VS
RAF
31906/18
DRAFT ORDER MARKED “X” GRANTED ON 14 SEPTEMBER 2020 RECALLED.
AMENDED DRAFT ORDER MARKED “XYZ” GRANTED.
NO NEED FOR APPEARANCE.
P
M S METHLE
VS
RAF
92351/16
DRAFT ORDER AS AMENDED AND MARKED “X” GRANTED.
NO NEED FOR APPEARANCE.
Q
Z V NKOSI
VS
RAF
84403/18
No access to Case-Lines.
No practice note and draft order received.
R
NKOANA T HLAKO
VS
RAF
91150/16
No access to Case-Lines.
No practice note or draft order received.
S
GJ PHAPO
VS
RAF
7121/18
No access to Case-Lines.
No Practice Note or Draft order received.
T
DLAMINI
VS
RAF
18379/18
No access to Case-Lines.
No practice Note or Draft Order received.
U
XOLO V M
VS
RAF
82132/16
DRAFT ORDER AS AMENDED MARKED “X” GRANTED.
NO NEED FOR APPEARANCE.
V
S M NTOMBELA
VS
RAF
4694/19
NO CONFIRMATION OF SETTLEMENT OR DRAFT ORDER FROM DEFENDANT.
W
ADV M VAN ROOYEN
VS
RAF
100503/15
Draft order marked “X” granted ON 14 September 2020 recalled.
Amended draft order marked “XYZ” granted.
NO APPEARANCE REQUIRED.
X
B A MAVUSO
VS
RAF
93881/16
DRAFT ORDER MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
Y
J MOKOENA
VS
RAF
6864/18
AMENDED DRAFT ORDER MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
Z
ZAMA B MAGWAZA
VS
RAF
65338/11
Upload the trial bundle with pleadings and medico-legal reports on case-lines.
File and upload an affidavit by plaintiff’s attorneys that the draft order which has been uploaded was the draft order dispatched to defendant by email and was accepted by defendant setting out the terms of the settlement.
Z1
MASECHABA A LEBABO
VS
RAF
20435/15
No documents uploaded on Case-Lines
Z2
N MAZIBUKO
VS
RAF
6862/18
File a notice in terms of Rule 15 to introduce Nqobile Mazibuko (previously the “minor”) as the Plaintiif in place of her mother, as well as a notice of intention to amend the poc accordingly.
Defendant’s offer is for R2 683 640.16. The amount in the draft order differs from the tender, and the amount in words is different from the amount in numbers.
Correct draft order as follows: Par. 1: Defendant is liable for 90% of Plaintiff’s proven or agreed damages.
Par 2; Correct the amount.
Par. 3: Change “must” to “shall”; insert “of the Road Accident Fund Act 56 of 1996” after the words “ Section 17(4)(a)..”and add “limited to” before “90%”
Par. 4.1 “High court” must be deleted, change “full ..day fees” to “reasonable day fees”
Par. 4.7: “the experts”must read “plaintiff’s experts”
Z3
C N MKALIPI
VS
RAF
9621/15
No access to Case-Lines
No draft order and practice note.
Z4
R MASHUDU
VS
RAF
55987/17
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
Z5
SETSHEGO E M
VS
RAF
64444/17
No access to Case-Lines
Z6
S P KHATHI
VS
RAF
51291/18
DRAFT ORDER IN WORD FORMAT TO BE EMAILED TO: [email protected].
Z7
KHUMALO N G
VS
RAF
26458/18
DRAFT ORDER “X” MADE AN ORDER OF COURT RECALLED AND REPLACED WITH AMENDED DRAFT ORDER MARKED “XYZ”.
NO APPEARANCE REQUIRED.
Z8
LEHLAKE C MANTOA
VS
RAF
78071/15
Enrol for virtual hearing on 14 Sept.20. Stand down to Friday 18 Sept 20 at 10h00 for submissions.
Z9
B HIESTERMAN
VS
RAF
65492/19
No documents uploaded on Case-Lines. No draft order and practice note received.
Z10
L K MOTHIBEDI
VS
RAF
97001/15
The joint memorandum incorrectly reflects the general damages settlement as R500 000 in stead of R600 000. File an amended joint settlement memorandum.
Par. 5.2.3 of the Draft Order is ambiguous. Change to “Appearance at the unopposed settlement roll”.
Z11
X TSHEPO
VS
RAF
29164/15
File an affidavit explaining who signed contingency fee agreement.
Provide the report of the industrial psychologist and actuary.
Z12
SEAKAMELA M G
VS
RAF
46384/15
No access to Case-Lines
Z13
MAHLANGU B
VS
RAF
11878/18
Upload full trial bundle on Case-Lines.
Correct draft order as follows:
Delete “general damages” in par 1- the settlement was only in respect of loss of earnings.
Correct par 5.2.3 as indicated in note to matter Z12 above.
Z14
NH NGWENYA
VS
RAF
90882/15
DRAFT ORDER AS AMENDED MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
Z15
KHATHU A MOFOKENG
VS
RAF
47469/15
DRAFT ORDER GRANTED ON 14 SEPTEMBER 2020 RECALLED AND REPLACED WITH AMENDED DRAFT ORDER MARKED “X”.
NO APPEARANCE REQUIRED.
Z16
G MANAMELA
VS
RAF
63176/16
DRAFT ORDER GRANTED ON 14 SEPTEMBER 20 RECALLED AND REPLACED WITH AMENDED DRAFT ORDER MARKED “XYZ”
NO APPEARANCE REQUIRED.
Z17
N NCANLASHE
VS
RAF
14844/18
DRAFT ORDER MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
Z18
DIANA KAISI
VS
RAF
20436/14
No documents were uploaded on Case-Lines, no draft order or practice note received.
OUTCOMES/STANDING DOWN FROM WEDNESDAY 16 SEPTEMBER 2020
AA
P M DE VILLIERS
VS
RAF
96799/16
DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
BB
F N MATHEBULA
VS
RAF
51672/17
AWAIT SETTLEMENT MEMORANDUM, DRAFT ORDER IN WORD FORMAT. MB
CC
TJIANE T M
VS
RAF
30080/17
DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
DD
S B SKHOSANA
VS
RAF
72739/19
NO ACCESS ON CASE-LINES. NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
EE
MOTLAKADIBE R MFANA
VS
RAF
85163/16
NO ACCESS ON CASE-LINES, NO PRACTICE NOTE AND DRAFT ORDER EMAILED
FF
A C MAIBELA
VS
RAF
96725/16
NO ACCESS TO CASE-LINES, NO PRACTISE NOTE, NO DRAFT ORDER EMAILED
GG
T N LEKHETHO
VS
RAF
11322/16
EMAIL DRAFT ORDER IN WORD FORMAT
HH
MAVUSO T J
VS
RAF
22512/17
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
II
J S NENE
VS
RAF
21788/18
AMENDED DRAFT ORDER MARKED “X” GRANTED
NO APPEARANCE REQUIRED.
JJ
P P KHOZA
VS
RAF
82660/17
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
KK
T I MOKHELE
VS
RAF
68165/15
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
LL
STRYDOM YOLANDA
VS
RAF
52845/17
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
MM
MOAGI M SEPHAMO
VS
RAF
61018/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
NN
NATALIE T STOUT
VS
RAF
78053/17
NO CONFIRMATION OF DRAFT ORDER FROM DEFENDANT
OO
M R SEFOKA
VS
RAF
74421/16
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
PP
C RAMABU
VS
RAF
15254/18
NO DOCUMENTS ON CASE-LINES, NO PRACTISE NOTE AND DRAFT ORDER EMAILED, NO APPEARANCE ON 16 SEPTEMBER 2020. MATTER WAS STRUCK FROM THE ROLL AT 14H00 ON 16 SEPTEMBER 2020.
GAZANI J R
VS
RAF
84198/17
NO APPEARANCE AS REQUESTED ON 16 SEPTEMBER 2020. NO ACCESS TO CASE-LINES, NO PRACTICE NOTE AND DRAFT ORDER EMAILED.
MATTER WAS STRUCK FROM THE ROLL ON 16 SEPTEMBER 2020 AT 14H00.
RR
ADV S MANGOLELE
VS
RAF
78563/15
PURSUANT TO A VIRTUAL HEARING THE MATTER WAS REMOVED FROM THE ROLL ON 16 SEPTEMBER 2020.
SS
MOGASHOA N H
VS
RAF
67119/18
DRAFT ORDER AS AMENDED AND MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
TT
RASCHUUN N
VS
RAF
6905/18
MATTER WAS REMOVED FROM THE ROLL AT THE REQUEST OF PLAINTIFF’S ATTORNEYS.
NO APPEARANCE REQUIRED.
UU
R P MALULEKE
VS
RAF
34082/17
DRAFT ORDER AS AMENDED AND MARKED “X” GRANTED.
NO APPEARANCE REQUIRED.
VV
JJ KNELL
VS
RAF
64279/16
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED
WW
ADV A J DU TOIT
VS
RAF
82833/15
AMENDED DRAFT ORDER “X” EMAILED TO COUNSEL AND ATTORNEYS TO BE GRANTED SUBJECT TO WRITTEN SUBMISSIONS, IF ANY.
NO APPEARANCE REQUIRED.
XX
G M XINWA
VS
RAF
61230/18
NO APPEARANCE ON 16 SEPTEMBER 20. NO DOCUMENTS UPLOADED TO CASE-LINES. NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
YY
A MASANGO
VS
RAF
81894/19
NO APPEARANCE ON 16 SEPTEMBER 20, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
Only the order granted by Barnes AJ has been uploaded to Case-Lines.
ZZ
K C NDLOVU
VS
RAF
59512/16
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
ZZ1
MVUNYELWA M
VS
RAF
62334/15
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
ZZ2
K S MOTHUPI
VS
RAF
48267/17
AMENDED DRAFT ORDER “X” GRANTED.
ZZ3
NETSHIVANGANE M E
VS
RAF
41842/15
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
ZZ4
MMUTLE A MAWELA
VS
RAF
16285/20
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
ZZ5
P M MABENA
VS
RAF
44180/18
SEND A COPY OF THE DRAFT ORDER IN WORD FORMAT TO [email protected]
SUBJECT TO RECEIPT OF A DRAFT ORDER BEFORE 13H00 ON 18 SEPTEMBER 2020, AN ORDER WILL BE GRANTED.
ZZ6
Q THUWA
VS
RAF
24583/18
NO DOCUMENTS ON CASE-LINES.
NO DRAFT ORDER OR PRACTICE NOTE RECEIVED.
ZZ7
J BUNGA
VS
RAF
22442/15
NO DRAFT ORDER EMAILED. Plaintiff’s attorney is Roxanne Small [email protected]
Add to par 9 of the draft order “in accordance with the attached Deed Of Trust marked “A”.
Send a copy of the draft order IN WORD FORMAT to [email protected]
ZZ8
M S NKHOMA
VS
RAF
19256/16
DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
ZZ9
M A MABUZA
VS
RAF
80387/17
MATTER WAS REMOVED FROM THE ROLL. ORDER WAS PREVIOUSLY GRANTED.
ZZ10
LM TSOEU
VS
RAF
70282/17
Send a copy of the draft order IN WORD FORMAT to [email protected].
Order will be granted without the necessity of attendance SUBJECT TO RECEIPT OF DRAFT ORDER BEFORE 13H00 ON 18 SEPTEMBER 2020.
ZZ11
B I NGWENYA
VS
RAF
10880/16
MATTER REMOVED FROM ROLL ON 16 SEPTEMBER 2020. ORDER PREVIOUSLY GRANTED.
ZZ12
M L KHUMALO
VS
RAF
73740/16
NO LETTER CONFIRMING DRAFT ORDER.
ZZ13
RAF
86873/16
SUBJECT TO RECEIPT THEREOF, DRAFT ORDER WILL BE GRANTED.
ZZ14
D B MOKOENA
VS
RAF
81873/18
ZZ15
MABASO M
VS
RAF
2607/19
ZZ16
R MAKHUBELA
VS
RAF
24610/18
ZZ17
M C NDUKULA
VS
RAF
51899/18
Case nr. on Case-lines is 61899/19.
No confirmation of settlement.
Attend virtual hearing at 11h30.
Send a copy of the draft order IN WORD FORMAT to [email protected]
ZZ18
L MONYELA
VS
RAF
61899/19
NO ACCESS TO CASE-LINES, NO DRAFT ORDER OR PRACTISE NOTE EMAILED.
ZZ19
K S MASHATOLE
VS
RAF
33259/19
Send a copy of the draft order IN WORD FORMAT to [email protected]
Order will be granted subject to the aforementioned.
ZZ20
MASHELE M X
VS
RAF
1183/19
AMENDED DRAFT ORDER “X” GRANTED.
NO APPEARANCE REQUIRED.
ZZ21
MASHIGO B A
VS
RAF
29297/19
DRAFT ORDER AND PRACTICE NOTE RECEIVED.
NO DOCUMENT UPLOADED TO CASE-LINES.
ZZ22
N L MYENI
VS
RAF
78995/17
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE RECEIVED.
ZZ23
P M SELOWA
VS
RAF
300683/14
DRAFT ORDER EMAILED LANDED IN THE JUNK MAILBOX OF MY SECRETARY.
RESEND DRAFT ORDER TO [email protected]
DRAFT ORDER WILL BE CONSIDERED AND GRANTED WITHOUT THE NEED TO APPEAR.
ZZ24
L BEZUIDENHOUT
VS
RAF
19904/19
DRAFT ORDER “X” GRANTED.
NO APPEARANCE RQUIRED.
ZZ25
BOOYSEN C D
VS
RAF
50512/18
NO ACCESS TO CASE-LINES, NO DRAFT ORDER AND PRACTICE NOTE EMAILED.
ZZ26
N VAN DIJK
VS
RAF
7691/18
NO SETTLEMENT DOCUMENTS ON DASE-LINES.
EMAIL SETTLEMENT DOCUMENS AND DRAFT ORDER TO [email protected]
ZZ27WIESE MHVS RAF5066/2018
___________________________________________________________________
EMAIL DRAFT ORDER IN WORD FORMAT.
PROVIDE ACCESS TO CASE-LINES.
___________________________________________________________________
ZZ29 VAN DER WESTHUIZEN J VS RAF87912/2016
___________________________________________________________________
EMAIL DRAFT ORDER IN WORD FORMAT.
PROVIDE ACCESS TO CASE-LINES.