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PRACTICE MANUAL - saflii.org

PRACTICE MANUAL Gauteng Local Division Johannesburg February 2018 PRACTICE MANUAL of the Gauteng Local Division of the High Court of South Africa PRACTICE MANUAL Gauteng Local Division Johannesburg February 2018 Towards this revised PRACTICE MANUAL , my office acknowledges the contribution of: (i) my predecessors, for the initial PRACTICE MANUAL ; (ii) Boruchowitz J, for the initial draft of the revised MANUAL ; (iii) all Judges of the Gauteng Local Division of the High Court of South Africa for their comments and inputs; and (iv) the Johannesburg Bar, the National Forum of Advocates and the Johannesburg Attorneys Association for their critical comments. It is thanks to the inclusive contributions of all involved that this PRACTICE MANUAL is now available in the form in which it is.

Practice Manual – Gauteng Local Division – Johannesburg February 2018 Towards this revised Practice Manual, my office acknowledges the contribution of:

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Transcription of PRACTICE MANUAL - saflii.org

1 PRACTICE MANUAL Gauteng Local Division Johannesburg February 2018 PRACTICE MANUAL of the Gauteng Local Division of the High Court of South Africa PRACTICE MANUAL Gauteng Local Division Johannesburg February 2018 Towards this revised PRACTICE MANUAL , my office acknowledges the contribution of: (i) my predecessors, for the initial PRACTICE MANUAL ; (ii) Boruchowitz J, for the initial draft of the revised MANUAL ; (iii) all Judges of the Gauteng Local Division of the High Court of South Africa for their comments and inputs; and (iv) the Johannesburg Bar, the National Forum of Advocates and the Johannesburg Attorneys Association for their critical comments. It is thanks to the inclusive contributions of all involved that this PRACTICE MANUAL is now available in the form in which it is.

2 _____ D MLAMBO JUDGE PRESIDENT GAUTENG LOCAL DIVISION OF THE HIGH COURT OF SOUTH AFRICA February 2018 PRACTITIONERS AND MEMBERS OF THE PUBLIC SHOULD TAKE NOTE OF THE FOLLWING IN REGARD TO THE FILING OF DOCUMENTS:- REQUEST FOR COURT FILES BY MEMBERS OF THE PUBLIC: A REQUEST FORM FOR MOTION AND CIVIL TRIAL FILES MUST BE COMPLETED IN OFFICE 008 OFFICE 018 PROVISIONAL DATES FOR COURT FILES OFFICE 005 CIVIL TRIAL COURT FILES ALLOCATED TRIAL DATES OFFICE 016 OPPOSED MOTION COURT FILES OFFICE 002 URGENT COURT FILES OFFICE 004 UNOPPOSED MOTION COURT FILES OFFICE 019 FILES ALLOCATED DATES FOR UNOPPOSED MOTION OFFICE 128 FILES ALLOCATED DATES FOR JUDICIAL PRE TRIAL AND FILES FROM JUDICIAL PRE TRIAL COURT OFFICE 138 CIVIL APPEALS, EDICTAL CITATION AND SERVICE OF PROCESS OFFICE 142 CRIMINAL APPEALS FROM MAGISTRATE COURTS OFFICE 144 CRIMINAL TRIALS FROM THE YEAR 2014 TO 2017 OFFICE 020 ADMISSION OF ADVOCATES, RULE 39(22)

3 AND 46 ARCHIVES 10TH FLOOR COURT FILES ISSUED FROM 2011 TO 2015 10TH FLOOR RULE 31(5) DEFAULT JUDGEMENTS THE ISSUING OF A WRIT OF EXECUTION IS NO LONGER GRANTRED THE SAME DAY THE APPLICATION IS MADE. IT MUST BE RECORDED IN THE REGISTER BOOK IN OFFICE 008 AND BE COLLECTED THE FOLLOWING DAY. WHILST REGISTRARS HAVE BEEN REQUESTED TO CHECK THAT DOCUMENTS ARE FILED IN THE CORRECT OFFICE, THIS REMAINS THE RESPONSIBILITY OF THE PARTIES AND/OR THEIR LEGAL REPRESENTATIVES. PRACTICE MANUAL Gauteng Local Division: Johannesburg February 2018 i CHAPTER 1 APPLICATION OF THE PRACTICE MANUAL .. 1 CHAPTER 2 COURT TERMS .. 2 CHAPTER 3 COURT RECESS .. 3 CHAPTER 4 COUNSEL S 4 CHAPTER 5 COURT SITTINGS .. 5 CHAPTER 6 CIVIL TRIALS.

4 6 ALLOCATION OF CIVIL TRIALS .. 7 BUNDLES OF DOCUMENTS .. 8 APPLICATION FOR CASE MANAGEMENT .. 9 CLOSURE OF THE TRIAL ROLL .. 11 EXPERT WITNESSES .. 12 GENERAL .. 13 HEARING DURATION .. 14 A trial is designated of long duration if it is anticipated that it will last more than five (5) days.. 14 PAGINATION, INDEXING, BINDING AND GENERAL PREPARATION OF PAPERS .. 15 PART-HEARD TRIALS .. 16 PRACTICE NOTE FOR TRIALS .. 18 PREFERENTIAL TRIAL DATE .. 19 PRE-TRIAL CONFERENCE .. 20 ROLL CALL .. 22 SETTLEMENT AGREEMENTS AND DRAFT ORDERS .. 23 CASE MANAGEMENT .. 24 ENROLMENT OF MATTERS STRUCK FROM THE ROLL .. 29 CHAPTER 7 CIVIL APPEALS NEW PROCEDURE .. 30 7A URGENT APPEALS .. 33 CHAPTER 8 CRIMINAL MATTERS.

5 34 PETITIONS FROM THE LOWER COURT .. 35 APPEALS .. 36 AUTOMATIC AND SPECIAL REVIEWS .. 37 BAIL APPEALS .. 38 REVIEWS .. 39 TRIALS .. 40 APPOINTMENT OF ASSESSORS .. 42 CHAPTER 9 MOTION COURT .. 43 ALLOCATION OF COURTS .. 44 46 INDEX .. 47 BINDING OF PAPERS .. 48 PAGINATION .. 49 PRACTICE MANUAL Gauteng Local Division: Johannesburg February 2018 ii PREPARATION OF PAPERS .. 50 DRAFT ORDERS .. 51 BRIEFING OF COUNSEL .. 52 OPPOSED MOTIONS .. 53 UNOPPOSED MOTIONS .. 59 ANNEXURE TO 62 OPPOSED INTERLOCUTORY APPLICATIONS (EXCLUDING OPPOSED EXCEPTIONS AND INTERLOCUTORY INTERDICTS) .. 64 SPECIAL MOTIONS (APPLICATIONS OF LONG DURATION) .. 65 SUMMARY JUDGMENTS .. 66 RULE 43 APPLICATIONS.

6 68 DEFAULT CASES NOTICES OF SET DOWN .. 69 ANNEXURE TO 71 MATTERS PROPERLY SET DOWN, BUT WHICH DO NOT APPEAR ON THE ROLL .. 72 73 STRIKING FROM THE ROLL .. 74 POSTPONEMENTS .. 75 SERVICE .. 76 STALE SERVICE .. 77 SETTLEMENT AGREEMENTS .. 78 DUPLICATE FILES .. 79 URGENT APPLICATIONS .. 80 ANNEXURE (PARA ) .. 83 ANNEXURE (PARA ) .. 84 ANNEXURE (PARA ) .. 85 ANNEXURE (PARA ) .. 86 CHAPTER 10 PARTICULAR APPLICATIONS .. 87 ANTON PILLER TYPE ORDERS .. 88 ADMISSION OF ADVOCATES .. 90 CANCELLATION OF SALE IN EXECUTION .. 91 CHANGE TO THE MATRIMONIAL REGIME .. 92 ANNEXURE 93 REQUESTS FOR PERMISSION TO FILM OR RECORD JUDICIAL PROCEEDINGS .. 94 CURATOR BONIS .. 97 CURATOR AD LITEM.

7 98 ENQUIRIES IN TERMS OF SECTION 417 OF THE COMPANIES ACT 61 OF 1973 .. 99 EVICTION IN TERMS OF THE PREVENTION OF ILLEGAL EVICTIONS AND UNLAWFUL OCCUPATION OF LAND ACT 19 OF 1998 .. 101 ANNEXURE SPECIMEN ORDERS .. 103 PROVISIONAL SENTENCE .. 106 LIQUIDATION .. 107 SEQUESTRATION .. 109 PRACTICE MANUAL Gauteng Local Division: Johannesburg February 2018 iii REHABILITATION .. 112 REMOVAL OR AMENDMENT OF RESTRICTIONS ON LAND USE .. 113 THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION ACT 72 OF 1996 .. 115 APPLICATION FOR CONFIRMATION OF SURROGACY AGREEMENTS IN TERMS OF SECTION 295 OF THE CHILDREN S ACT .. 117 FORECLOSURE (AND EXECUTION WHEN PROPERTY IS, OR APPEARS TO BE, THE DEFENDANT S PRIMARY HOME).

8 119 ANNEXURE FORECLOSURE AFFIDAVIT .. 123 ANNEXURE TO AND GOVERNMENT GAZETTE NOTICE (AMENDMENT TO RULE 46).. 130 CHAPTER 11 LEAVE TO APPEAL IN CIVIL MATTERS .. 155 CHAPTER 12 UNOPPOSED DIVORCE ACTION .. 157 CHAPTER 13 JUDGE IN CHAMBERS .. 159 CHAPTER 14 JUDGES CLERKS .. 160 CHAPTER 15 OPENING OF COURT FILES .. 161 ANNEXURE OPENING SHEET .. 162 CHAPTER 16 STANDARD ORDER .. 163 DEFAULT JUDGMENT GRANTED BY THE REGISTRAR .. 165 SUMMARY JUDGMENT .. 166 PROVISIONAL SENTENCE .. 167 DEFAULT JUDGMENT BY COURT .. 168 ABSOLUTION FROM THE INSTANCE .. 169 EDICTAL CITATION .. 170 SUBSTITUTED SERVICE .. 171 RULE 43 .. 172 DIVORCE WITH SETTLEMENT AGREEMENT .. 174 DIVORCE WITHOUT SETTLEMENT AGREEMENT .. 175 POST NUPTIAL REGISTRATION OF A 176 GENERAL ORDER FOR DISCOVERY.

9 177 AGREEMENT OF 178 RULE NISI .. 179 RESTRICTIVE CONDITIONS ON LAND .. 180 UNALLOCATED ORDER .. 182 PROVISIONAL SEQUESTRATION .. 183 FINAL SEQUESTRATION .. 185 REHABILITATION .. 186 187 PROVISIONAL LIQUIDATION .. 188 FINAL LIQUIDATION .. 190 DISCHARGE OF PROVISIONAL SEQUESTRATION OR LIQUIDATION .. 191 PRACTICE MANUAL Gauteng Local Division: Johannesburg February 2018 iv LEAVE TO APPEAL .. 192 ORDER ON APPEAL .. 193 ORDER IN TERMS OF RULE 39(22) .. 194 ADMISSION OF TRANSLATOR .. 195 APPOINTMENT OF CURATOR AD LITEM .. 196 ANTON PILLER ORDER .. 198 ANNEXURE A .. 198 ANNEXURE B .. 199 CANCELLATION OF SALE IN EXECUTION (RULE 46(11)) .. 204 POSTPONEMENT OF FORECLOSURE WHERE ARREARS ARE LOW / RECENT.

10 206 FORECLOSURE IN RESPECT OF A RESIDENCE (NOT ONLY PRIMARY RESIDENCE) .. 208 APPLICATION IN TERMS OF SECTION 155(7) OF THE COMPANIES ACT NO 71 OF 2008 .. 210 CHAPTER 17 USHERS .. 211 ADDITIONAL DIRECTIVES .. 219 PRACTICE DIRECTIVE 2 OF 2010: APPLICATION FOR LEAVE TO APPEAL .. 219 PRACTICE DIRECTIVE 4 OF 2011: ENROLMENT OF MATTERS STRUCK FROM THE 221 PRACTICE DIRECTIVE 5 OF 2011: APPLICATION FOR CONFIRMATION OF SURROGACY AGREEMENTS IN TERMS OF SECTION 295 CHILDREN S ACT .. 222 PRACTICE DIRECTIVE 5 OF 2011 .. 223 RE: APPLICATION FOR CONFIRMATION OF AGREEMENTS IN TERMS OF SECTION 295 OF THE CHILDREN S ACT .. 223 PRACTICE DIRECTIVE 6 OF 2011: RULE 46(11) .. 224 CASE MANAGEMENT DIRECTIVE EFFECTIVE FROM FIRST TERM OF 2015 (AMENDED UP TO AUGUST 2015).


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