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South Africa Judgment

South Gauteng High Court, Johannesburg

Munyaradzi v Road Accident Fund (31742/2019) [2025] ZAGPJHC 571 (10 June 2025)

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Source document

01

Holding and result

The court found it unacceptable that the matter was allowed to remain on the roll when it was not ready for trial, especially given the severe backlog and long waiting periods for court dates. The filing of a practice note indicating readiness, when in fact the matter was not ready, constituted conduct requiring explanation. Accordingly, the court removed the matter from the roll, reserved costs for determination by the trial court, and ordered the plaintiff's attorney to file an affidavit explaining his conduct and providing reasons why he should not be ordered to pay the costs of the postponement de bonis propriis.

Court disposition

Matter removed from the roll; costs reserved; plaintiff's attorney to file affidavit regarding conduct and possible de bonis propriis costs.

Orders

  • The matter is removed from the roll.
  • Costs are reserved to be determined by the trial court.
  • The plaintiff’s attorney is to file an affidavit explaining his conduct and providing reasons to the trial court why they should not be ordered to pay the costs of the postponement de bonis propriis.

02

Material facts

Parties

Kambanje Munyaradzi

Applicant

Road Accident Fund

Respondent Counsel: Ms Mhlongo

03

Procedural history

  1. Posture

    Civil Trial / Pre Trial Removal

04

Questions and positions

Legal issues

Party arguments

Applicant
Counsel for the applicant indicated he was only briefed to remove the matter and was not available for trial, as his name was placed on the practice note by the attorney. He stated that certain documents were still outstanding, necessitating the removal.
Respondent
Respondent's counsel confirmed that documents were outstanding on their side as well and that there was supposed to be a removal by agreement with no order as to costs.

05

Court’s reasoning

  1. 01

    General principles of civil procedure

    Where a matter is not ready for trial and a practice note is filed indicating readiness, the court may reserve costs and require explanation from the responsible attorney.

  2. 02

    South African case law on de bonis propriis costs

    Attorneys may be ordered to pay costs de bonis propriis where their conduct causes unnecessary court proceedings or wastage of judicial resources.

06

Ratio, limits and disposition

Ratio decidendi

The court found it unacceptable that the matter was allowed to remain on the roll when it was not ready for trial, especially given the severe backlog and long waiting periods for court dates. The filing of a practice note indicating readiness, when in fact the matter was not ready, constituted conduct requiring explanation. Accordingly, the court removed the matter from the roll, reserved costs for determination by the trial court, and ordered the plaintiff's attorney to file an affidavit explaining his conduct and providing reasons why he should not be ordered to pay the costs of the postponement de bonis propriis.

Obiter and limits

  • The court emphasized the importance of not wasting judicial resources, especially in circumstances where the court roll is severely overburdened.
  • Attorneys must ensure that matters are genuinely ready for trial before filing practice notes indicating readiness.

Court disposition

Matter removed from the roll; costs reserved; plaintiff's attorney to file affidavit regarding conduct and possible de bonis propriis costs.

  • The matter is removed from the roll.
  • Costs are reserved to be determined by the trial court.
  • The plaintiff’s attorney is to file an affidavit explaining his conduct and providing reasons to the trial court why they should not be ordered to pay the costs of the postponement de bonis propriis.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment reading view

Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2025] ZAGPJHC 571

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION,

JOHANNESBURG

CASE NO: 31742/2019

DATE: 2025-06-03

(1) REPORTABLE: YES / NO.

(2) OF INTEREST TO OTHER JUDGES: YES / NO.

(3) REVISED.

In the matter between

KAMBANJE

MUNYARADZI

Applicant

and

ROAD ACCIDENT

FUND

Respondent

JUDGMENT

YACOOB, J:This matter was allocated to me for trial for today being set down for two to three days. A practice note was filed indicating that the matter was ready for trial. Thereupon it was allocated to me for hearing.

On counsel appearing, I was informed that counsel for the plaintiff was only briefed in order to remove the matter, that even though his name appears on the practice note, it was inserted by attorney and that counsel was, in fact, on trial in another matter today in this court.

He further indicated that the reason for the removal is that certain documents are still outstanding. The defendant’s counsel, Ms Mhlongo confirmed that on the defendant's side they were also looking for some documents and that, in fact, there was supposed to be a removal by agreement with no order as to costs.

However, in these circumstances where the matter was not ready for trial, and the attorney caused a practice note to be filed, indicating that the matter was ready for trial, and causing an allocation, in circumstances where it is well-known to the public that the Court’s roll is overrun and that people awaiting for court dates to 2031, it is unacceptable that the matter was allowed to remain on the roll when it was not ready.

For these reasons I consider it appropriate to reserve costs of the postponement to be determined by the trial court, and to require that the attorney for the plaintiff file an affidavit, explaining his conduct and providing reasons why he should not be ordered to pay the costs for today de bonis propriis.

I make the following order:

1. The matter is removed from the roll.

2. Costs are reserved to be determined by the trial court.

3. The plaintiff’s attorney is to file an affidavit explaining his conduct and providing reasons to the trial court why they should not be ordered to pay the costs of the postponement de bonis propriis.

YACOOB, J

JUDGE OF THE HIGH COURT

DATE: ……………….

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