practice directive 01/2016 - saflii

-I j

OFFICE OF THE JUDGE PRESIDENT JUSTICE E.M MAKGOBA

HIGH COURT OF SOUTH AFRICA, LIMPOPO DIVISJON, POLOKWANE Private Bag X 9693 Telephone, number: (015} 230 3025 POLOKWANE Fax to Email: 086 507 6933 0700 Email: [email protected] 36 Biccard Street Pol okwane, 0699.

PRACTICE DIRECTIVE 01/2016

1. I hereby direct that with effect from 1 March 2016 all Court Applications for Admissions and Removals from the Roll of Attorneys and Advocates shall be lodged and be heard in the Limpopo Division of the

High Court in Polokwane.

2. The above decision is to ensure a proper control

and monitoring as well as keeping records of all Legal Practitioners at the Central and main Division

of the Limpopo High Court.

E~M MAKGOBA JUDGE PRESIDENT: UMPOPO DIVISION Of THE HIGH COURT Date: 04 FEBRUARY 2016

(Y


It has come to the notice of the Judges of this Division that legal practitioners

do not comply with the Practice Manual when bringing application proceedings

before Court.

This Practice Directive is aimed at addressing some of the issues that are of

concern to the Judges.

OPPOSED APPLICATIONS

1 The Registrar should not allocate a date of hearing on the opposed

roll unless the matter is ripe for hearing.

2 The matter shall be deemed ripe for hearing when:

- all affidavits have been delivered

-the applicant has not delivered a replying affidavit within the time

specified in Rule 6(5) or on the date agreed or directed by the court.

3 The applicant shall not less than 5 clear court days before the day of

hearing deliver concise heads of argument (not longer than 5 pages) and

not less than 3 clear court days before the hearing the respondent shall

do likewise.

4 The Practice Note shall include:

- the names of the parties and case number

- the nature of the relief sought

- duration of the argument

5. The Heads of Argument shall include:

- issues that require determination

- incidence of the onus of proof

- brief summary (not more than 100 words) of the facts that are

common cause

- whether there exist material dispute of fact and list such disputed

facts if possible

- brief summary of argument (not more than 100 words}

- list of authorities reference will be made.

6. Heads of Argument shall be attached to the Practice Note

URGENT APPLICATIONS

1. Practitioners shall comply with the decision in Luna Meubel

Vervaardigers {Edms) Bpk v Makin's (t/a Makin's Furniture

Manufacturers) 1977 (4) SA 135 (W} and the Practice Manual 13.15

2. The application papers shall be served on the respondents unless the

service thereof will defeat the purpose of the relief sought.

PREPATION OF COURT PAPERS

Subject to the provisions of Rule 62 of the Uniform Rules, in all matters the

documents prepared for Court shall be:

- printed on one side of white A4 sized paper;

- printed using a uniform regular (not italics) 12 point font in Arial,

Calibri, Times Roman or Times New Roman;

- the spacing between sentences shall be 1.15 cm and paragraphs shall

be 1.5cm or main body of any paragraph being double line- spaced.

E.M MAKGOBA

JUDGE PRESIDENT: LIMPOPO DIVISION OF THE HIGH COURT

DATE: 10 MARCH 2016


PRACTfCE DIRECTIVE IN RESPECT . OF SERVICE ._ OF _ PRACTIONER'S

ADMISSIONS APPLICATIONS.

ADVOCATES

Section 2 (2) of Admission of Advocate Act 74 of 1964 read with Rule 3 A (1) (c)

regulates the service of the admission application on the secretary of the Bar Council

or the Society of Advocates of the division concerned.

ln order to effectively and efficiently harmonise service of the admission application, I

find it prudent to direct that applicants should serve their application(s), document(s)

and affidavit refe.rred to in Rule 3 A (1,) (a) (b) and (bA) on Polol<Wane Society of

Advocates, at 39· Voortrekker Street, Polokwane and Pretoria Society of Advocates.

ATTORNEYS

Section 19 of Attorneys Act 53 of 1979 as amended regulates deliVery and service of

applications for admission or re-admission as practitioner on the Secretary of the

Law Soc:iety.

Similarly, in order to effectively and efficiently harmonise the delivery and service of

applications for admission or re-admission as practitioner, I find it as well prudent to·

direct that the applications be delivered and served Qnlv on the Law Society of

Northern Province, Pretoria.

EMMAKGOBA

JUDGE PRESIDENT

LIMPOPO DIVISION

, · ,,.

'

:_.-=

' ~.,:-.~--.. ·~ " --· . •, ....... .

OFFICE OF THE JUDGE PRESIDENT MR JUSTICE E.M MAKGOBA

HIGH COURT OF SOUTH AFRICA, LIMPOPO DIVISION, POLOKWANE


The following directive is published for information to all Stakeholders:

Effective Date: 25 July 2016

1. Civil Trials: All matters will be placed on the Roll on a Monday and be

spread for hearing during the course of that week.

2. Special Civil Trials: (Trials lasting for 5 days or more)

The DJP shall allocate a trial date upon request by the parties, provided the

matter is trial ready.

3. Opposed Motions: A maximum of 10 matters will be placed on the Roll on a

Monday and be spread for hearing during the course of that week.

4. Unopposed Motions: There shall be two Courts sitting weekly, on Tuesday

and Thursday.

The Roll will include:

• Default Judgements

• Unopposed exceptions

• Summary judgements (opposed and unopposed)

• Rule 43 applications (opposed and unopposed)

5. Urgent Applications:

Matters to be enrolled for hearing on Tuesdays in terms of the Practice

Manual , with the necessary exceptions outlined in the Practice Manual.

6. Applications for Leave to Appeal:

Any day of the week at 09h00

7. Handing down Reserved Judgements

Any day of the week at 09h00

EM.MAKGOBA JUDGE PRESIDENT HIGH COURT OF SOUTH AFRICA LIMPOPO DIVISION, POLOKWANE

.. PRACTICE DIRECTIVE 05/20·16

. 1. That Uniform Rule 37(7), requiring minutes of the Rufe 37

Conference to be fifed with the Registrar not 1ater than 5 weeks ~

prior to. the trial date, shall be strictly enforced and . non-

·COmpfiance sheU automatically result in the .matter being struck Off

the trial rolL

2. In al1 RAF trial matters the following shalf apply; ..

· 2.1 . Every matter will be the subject of a Rule 37(8) conference

and the matter shalt be considered ripe for allocation of a

date for the holding of such a conference upon receipt by the

Registrar of a notice applying for a trial date.

. 2.2. A date of trial shaU be allocated -only upon the certification by

a Judge that there has been compliance with 2.1 above.

2.3. The DJP or senior Judge shall allocate such Judges· as may

from time to time become available tor the purpose of

heari·ng conferences caned under this practice directive. ·

2.4. A party ca11ed to a conference under this practice directive

will receive not less than s·jx (6) weeks' notice of the fact that

the conference will be hefd, and a list of the dates for the

holding of all such conferences will be included in the

published trial rolls.

2.5. Where quantum wm be an issue during the tria'I of the matter

2.5.1. A notice in terms of Rule 36 {9) (a) shall be delivered not

later than fifteen ( 15) days before the date allocated for

the conference ind the summary contemp1ated in Rule 36

(9) (b} shall be delivered not later than ten (10) days prior

to the date.

2.5.2. The parties wm thereafter deliver a further summary

clearly and concisely setting out areas in , which their

respective experts agree as well as areas in which they

disagree. Such summary shall be delivered not 1ater than

two (2) days prior to the date.

2.6. The provisions of Rule 37 (4), 37 (5), 37(6) and 37(7) shall

apply mutatis mutandis.

2.7. At the Rule 37(8) conference the presiding judge s~all note

on the court file whether the preparation and conduct of each

of the parties is considered :satisfactory or unsatisfactory,

givjng $Uch reasons as the, presiding judge may in his

discretion deem fit.

\ . ..

2.8. Jf the conduct of any party is marked as unsatisfactory then,

should the matter ultimately come before the court, the party

or parties against whose name an unsatisfactory note has

been placed will be obliged to make submissions ,.,..

2.8.1.As to why the provisions of Rule 37(9)(a) should not be

invoked against that party or that pa'rty1s legal

representative in respect of a special order as to costs .

.2.8.2. Jn particular, as to why an order should not be made

denying the party or the party's fegat representatives the

right to claim ,costs, and ordering the party or the party's

Jegal representatives to. pay the wasted costs of the

opposing party.

2.9. Where attorneys place themselves on record subsequent to

such conferences as may be convened' under this directive,

then tt,at attorney shalJ, if that attorney so wishes to be

disassociated from an unsatisfactory mark, request re

allocation for the purpose of an additional conference.

. -'~

JUDGE PRESIDENT

HIGH COURT OF SOUTH AFRICA

L.IMPOPO DIV. ISi_~/ POLOKWANE

DATE: 1 fr 1 . a .

practice directive 01/2016 - saflii

Documents