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South Africa decisions
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Ryno v Road Accident Fund (2020/19852) [2025] ZAGPJHC 516 (27 May 2025)
Application to compel a pre-trial conference or signed pre-trial minute was dismissed after the respondent complied on the hearing day. The court ordered mediation and no-costs.
Parkies v Road Accident Fund (437/2015) [2025] ZAGPPHC 533 (19 May 2025)
The court found that the defendant's admissions at the pre-trial conference were limited to the correctness of expert reports as they accorded with hospital records and did not amount to an admission of the seriousness of the plaintiff's injuries as required by section 17(1) of the Road Accident Fund Act. The defendant explicitly declined to admit the injuries and general damages at the pre-trial stage. Therefore, the plaintiff must obtain a serious injury assessment report from the HPCSA before the claim for general damages can proceed. The claim for general damages is postponed sine die pen…
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Reggio and Another v Regional Magistrate, Belville Specialised Commercial Crimes Court (Mrs Sonnenberg) and Others (18554/2023) [2025] ZAWCHC 50 (14 February 2025)
The High Court found that the Magistrate had, in substance, considered the factors listed in section 342A(2) of the Criminal Procedure Act, even if not verbatim. The record demonstrated that the Magistrate enquired into the duration and reasons for the delay, the seriousness and complexity of the charges, and whether any party could be blamed for the delay. The State had provided all documents in its possession and was not relying on the information sought by the Applicants. The Magistrate's refusal to strike the matter from the roll and decision to postpone for trial did not amount to a gros…
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Booysen v Ngwathe Local Municipality (2586/2020) [2024] ZAFSHC 414 (24 December 2024)
The respondent undertook in the pre-trial minute to provide specific information necessary for the preparation of trial, including its version of events, admissions, stance on documents, and witness list. Despite repeated requests and notices, the respondent failed to comply with its undertakings. The respondent's arguments that the questions amounted to requests for further particulars and that its intention to amend pleadings rendered the application moot are without merit. The respondent did not deny its undertakings and failed to provide any valid justification for non-compliance. The cou…
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Mohomi obo Mohumi v MEC For Health, Gauteng (23339/2022) [2024] ZAGPJHC 724 (5 August 2024)
The High Court removed a civil trial from the roll, ordered the defendant to pay wasted costs on an attorney-and-client scale, and directed a pre-trial conference.
N.Z.M v Road Accident Fund (13281/2020) [2024] ZAGPPHC 444 (16 May 2024)
The court found that Rule 37(2)(b) does not impose any obligation on the defendant to nominate a date, time or place for a pre-trial conference, and therefore an order to compel such action is not competent under Rule 30A(1)(a). The correct procedure in cases of non-engagement is for the plaintiff to submit the matter to the Registrar under Rule 37(3)(b), who will then decide the date, time and place for the pre-trial conference. The court disagreed with the contrary interpretation adopted in Hamufari v Road Accident Fund and the Johannesburg practice directive, holding that the rules, not th…
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Hamufari v Road Accident Fund (5092/2021) [2024] ZAGPJHC 392 (5 March 2024)
The High Court held that the practice directive does not bar compelling attendance at a pre-trial conference where there has been no response to engagement attempts.
Rabalela and Others v General Electric Transportation (JS1027-19) [2024] ZALCJHB 72 (29 January 2024)
The Labour Court held there was no record that the matter had been archived and ordered the parties to sign a pre-trial minute within seven days.
Murray v De Necker Dentistry Incorporated (C350/2021) [2023] ZALCCT 35; (2024) 45 ILJ 2038 (LC) (27 June 2023)
The Labour Court held that both parties share responsibility to convene a pre-trial conference, and that no condonation was required because no conference had been convened.
Tshenodi and Others v Road Accident Fund (2019/11156; 2020/05922; 2019/28478) [2023] ZAGPJHC 1487 (17 January 2023)
The court found that in all three matters, the respondent failed to comply with clear and specific court orders compelling procedural steps under the Uniform Rules, including arranging medico-legal examinations, delivering notices in terms of Rule 36, and attending pre-trial conferences. The respondent's reliance on Legaole Kagiso Sonnyboy v RAF was misplaced, as the facts were distinguishable and did not address the respondent's failure to comply with direct court orders. The court held that Rule 30A was applicable, as the orders were granted by the court and the respondent's non-compliance…
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