ARTICLE
10 September 2024

Long Wait Ahead - Lead Times For Dates Of Hearing From The Johannesburg High Court As At 31 August 2024

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ENS

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ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
The Deputy Judge President ("DJP") of the Johannesburg High Court published a further bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court as at 31 August 2024.
South Africa Litigation, Mediation & Arbitration

The Deputy Judge President ("DJP") of the Johannesburg High Court published a further bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court as at 31 August 2024.

Currently, the lead times to set matters down are as follows:

  • For unopposed divorce matters (which are set down on Fridays), if one applied now for a hearing date, one is likely to be allocated a date after 1 November 2024;
  • For special commercial trials, one is likely to end up with a hearing date during the 4th term of 2025;
  • For trials involving the Minister of Police, one is likely to end up with a hearing date after 16 November 2027;
  • For divorce trials, one is likely to end up with a hearing date after 17 March 2025;
  • For "other" trials, subject to what is set out below, one is likely to end up with a hearing date after 15 February 2027;
  • For any trial matter that requires more than five days, one is likely to end up with a date after 19 July 2027;
  • For special Tax Court matters, one is likely to get a date in the term that follows the term in which the application for a hearing date is made;
  • For opposed motion roll matters, one is likely to get a date after 26 May 2025;
  • For any application that requires a day or more to be heard (namely, matters designated for the special motions roll), one is likely to get a date after 11 August 2025;
  • For unopposed matters, one is likely to get a date after 26 November 2024, being 12 weeks' notice;
  • For the special interlocutory roll, one is likely to get a date after 7 October 2024;
  • For settlements to be made an order of court, one is likely to get a date after 19 September 2024;
  • For full court civil appeals, one is likely to wait between one and two terms for a date to be allocated;
  • For Magistrates' Court civil appeals, one is likely to wait about one term for the allocation of a date;
  • For full court criminal appeals, one is likely to wait five to six months (subject to availability of slots on the roll) for the allocation of a date;
  • For Magistrates' Court criminal appeals, one is likely to wait four months (subject to availability of slots on the roll)for the allocation of a date.

We again highlight that the shortage of judges at the Johannesburg High Court impacts on the court's ability to render an effective litigation service. Legal practitioners have a duty to assist the court in its efforts to reduce these lead times and experienced practitioners should be encouraged to make themselves available to act as judges in order to help reduce the significant backlogs at the Johannesburg High Court. Litigants should also be encouraged to refer disputes to mediation, if the dispute is capable of an amicable resolution.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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