PRACTICE MANUAL of the NORTH GAUTENG HIGH COURT …

1 PRACTICE MANUAL . of the NORTH GAUTENG high COURT . ( effective date : 25 July 2011). PRACTICE MANUAL i TABLE OF CONTENTS. INTRODUCTION 1. CHAPTER 1 APPLICATION OF THE PRACTICE MANUAL 2. CHAPTER 2 COURT TERMS 3. CHAPTER 3 COURT RECESS 4. CHAPTER 4 COUNSEL'S DRESS 5. CHAPTER 5 COURT SITTINGS 6. CHAPTER 6 CIVIL TRIALS 7. ALLOCATION OF CIVIL TRIALS 8. BRIEFING OF COUNSEL 9. BUNDLES OF DOCUMENTS 10. CASE MANAGEMENT 11. CLOSURE OF THE TRIAL ROLL 12. EXPERT WITNESSES 13. GENERAL 14. HEARING DURATION 15. OBTAINING OF INSTRUCTIONS 17. PAGINATING, INDEXING, BINDING & GENERAL.

2 PREPARATION OF PAPERS 18. PART-HEARD TRIALS 19. PREFERENTIAL TRIAL date 20. PRE-TRIAL CONFERENCE 21. ROLL CALL 25. SET DOWN 26. SETTLEMENT AGREEMENTS AND DRAFT ORDERS 27. CHAPTER 7 CIVIL APPEALS 28. CHAPTER 8 CRIMINAL MATTERS 30. PETITIONS FOR LEAVE TO APPEAL FROM THE LOWER. COURT 31. APPEALS 32. AUTOMATIC REVIEW 33. BAIL APPEALS 34. REVIEWS 35. TRIALS 36. PRACTICE MANUAL ii CHAPTER 9 JUDGE IN CHAMBERS 37. CHAPTER 10 JUDGES' CLERKS 38. CHAPTER 11 LEAVE TO APPEAL 39. CHAPTER 12 MEDIA COVERAGE OF COURT PROCEEDINGS 41. CHAPTER 13 MOTION COURT 42.

3 ALLOCATION OF COURTS 43. INDEX 44. BINDING OF PAPERS 45. PAGINATION 46. BRIEFING OF COUNSEL 47. CALLING OF THE ROLL OF UNOPPOSED MATTERS 49. CLOSURE OF THE UNOPPOSED MOTION COURT ROLL 49. CONCISE HEADS OF ARGUMENT 50. ENROLMENT 51. ENROLMENT OF APPLICATIONS AFTER NOTICE OF. INTENTION TO OPPOSE 56. ERRORS ON THE UNOPPOSED ROLL 57. HEARING OF OPPOSED MATTERS 58. THIRD MOTION COURT MATTERS 59. MATTERS NOT ON THE ROLL 60. POSTPONEMENTS 61. PRACTICE NOTES 62. PREPARATION OF PAPERS 63. SERVICE 64. SETTLEMENT 66. SETTLEMENT AGREEMENTS AND DRAFT ORDERS 67.

4 STALE SERVICE 68. STRIKING FROM THE ROLL 69. SUMMARY JUDGMENTS 70. URGENT APPLICATIONS 71. CHAPTER 14 OPENING OF COURT FILES 76. CHAPTER 15 PARTICULAR APPLICATIONS 77. ANTON PILLER TYPE ORDERS 78. ADMISSION OF ADVOCATES 80. CANCELLATION OF SALE IN EXECUTION 81. CHANGE TO THE MATRIMONIAL ROLL 82. CURATOR BONIS 83. CURATOR AD LITEM 84. PRACTICE MANUAL iii EVICTION IN TERMS OF THE PREVENTION OF ILLEGAL. EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND. ACT 19 OF 1998 85. PROVISIONAL SENTENCE 86. REHABILITATION 87. REMOVAL OR AMENDMENT OF RESTRICTIONS ON LAND.

5 USE 88. SEQUESTRATIONS AND VOLUNTARY SURRENDER OF. ESTATES 90. CHAPTER 16 RESERVED JUDGMENTS 93. CHAPTER 17 UNOPPOSED DIVORCE ACTIONS 94. CHAPTER 18 STANDARD ORDERS 96. ABSOLUTION FROM THE INSTANCE 97. ADMISSION OF TRANSLATOR 98. AGREEMENT OF SETTLEMENT 99. DEFAULT JUDGMENT BY COURT 100. DEFAULT JUDGMENT BY THE REGISTRAR 101. DISCHARGE OF PROVISIONAL SEQUESTRATION 102. DIVORCE WITH SETTLEMENT AGREEMENT 103. DIVORCE WITHOUT SETTLEMENT AGREEMENT 104. EDICTAL CITATION 106. FINAL SEQUESTRATION 106. GENERAL ORDER FOR DISCOVERY 107. LEAVE TO APPEAL 108.

6 ORDER IN TERMS OF RULE 39(22) 109. ORDER ON APPEAL 110. POST NUPTIAL REGISTRATION OF A CONTRACT 111. PROVISIONAL SENTENCE 112. PROVISIONAL SEQUESTRATION 113. REHABILITATION 114. RESTRICTIVE CONDITIONS ON LAND 115. RULE 43 117. RULE NISI 118. SUBSTITUTED SERVICE 119. SUMMARY JUDGMENT GRANTED 120. SUMMARY JUDGMENT REFUSED 121. SURRENDER 122. UNALLOCATED ORDER 123. CHAPTER 19 USHERS 124. ANNEXURE A' 126. PRACTICE MANUAL iv ANNEXURE A' 12 127. ANNEXURE A' 130. ANNEXURE B' 131. ANNEXURE C' 132. ANNEXURE D' 133. ANNEXURE A' 134. ANNEXURE A' 142.

7 ANNEXURE B' 143. ANNEXURE A' 147. ANNEXURE A' 148. APPENDICES 149. APPENDIX 1 LIQUIDATION 151. ANNEXURE A' APPENDIX 1 STANDARD ORDER FOR FINAL. LIQUIDATION 153. ANNEXURE B' APPENDIX 1 STANDARD ORDER FOR PROVISIONAL. LIQUIDATION 154. APPENDIX II ENQUIRIES IN TERMS OF SECTION 417 OF THE 1973. COMPANIES ACT 155. APPENDIX III PROCEEDINGS INSTITUTED IN TERMS OF THE NATIONAL. CREDIT ACT OF 2005 156. APPENDIX IV APPLICATIONS FOR DEFAULT JUDGMENTS AND. AUTHORISATION OF WRITS OF EXECUTION 157. ANNEXURE A' APPENDIX IV 159. PRACTICE MANUAL v INTRODUCTION.

8 In November 1985 the first PRACTICE MANUAL for the then Transvaal Provincial Division and the Witwatersrand Local Division was published. It was compiled by the late Mr Justice G A Coetzee, at the time the Deputy Judge President of the Witwatersrand Local Division. This was a monumental piece of work which was extensively used and amended from time to time. The first PRACTICE MANUAL 's aim was to enable the courts to deliver a better service to litigants in changing circumstances. The aim of this PRACTICE MANUAL is the same. In October 2010, the South GAUTENG high COURT , Johannesburg (as the Witwatersrand Local Division is now known) published a new PRACTICE MANUAL .

9 With the consent of Deputy Judge President Mojapelo of that division, portions of the MANUAL were copied into this PRACTICE MANUAL , thereby bringing the practices of the two divisions as closely in line with each other as possible. As was stated by Coetzee DJP in the introduction to the 1985 PRACTICE MANUAL , the title PRACTICE MANUAL ' in itself proclaims that there is no question of rules of law or any rule for that matter .. it is concerned mainly with how the Rules of COURT are applied in the daily functioning of the courts'. That is still the status of this PRACTICE MANUAL .

10 The provisions set out in the PRACTICE MANUAL are not rules of COURT . It does not displace or amend rules of COURT . It merely tells practitioners how things are done in this COURT . Over the years the workload of the courts has increased at an alarming rate. As a result the administration of the COURT rolls has become a mammoth task. The delay in finalising matters increased until it became unacceptable. Since June 2010 certain PRACTICE directives were issued in the NORTH GAUTENG high COURT , Pretoria, to improve service delivery in this COURT .