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2023
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[2023] ZAGPJHC 982
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Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023)
IN THE HIGH COURT OF SOUTH AFRICA,
GAUTENG DIVISION, JOHANNESBURG
CASE NO:
A2023-022151
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
In the matter between:
GXUMISA, BONDILE
Appellant
and
MOLOTO, PHUTI MERCY
Respondent
JUDGMENT
MOORCROFT AJ [DU PLESSIS AJ
CONCURRING]:
Summary
Order
[1] In this matter I make the
following order:
1.
The appeal is
removed from the roll;
2.
The costs are
reserved.
[2] The reasons for the order
follow below.
Introduction
[3]
This
appeal served before us on 10 August 2023. The appellant does not
make use of legal representation and the appeal is not ripe
for
hearing: The evidence was not transcribed but the appellant
nevertheless enrolled the appeal. The respondent’s counsel
advises that the respondent was not aware of the enrolment until the
week before the appeal hearing.
[4]
Justice
will not be done between the parties by striking the matter from the
roll and the appeal will therefore be postponed
sine
die
(without a date for the hearing) to
enable the appellant to obtain proper advice, to comply with all the
requirements, and then
to re-enrol the appeal.
[5] The appellant will be
required to file the record of the proceedings in the lower court and
to otherwise comply with the
provisions of Rule 50 of the Uniform
Rules of Court as well as Rule 6 of the Gauteng Rules before
enrolling the matter. The appellant
is advised to seek assistance
from the Legal Aid Board or a Law Clinic.
[6] I therefore make the order
as set out above.
J MOORCROFT
ACTING JUDGE OF THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION
JOHANNESBURG
I
agree and it is so ordered
W J DU PLESSIS
ACTING JUDGE OF THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION
JOHANNESBURG
Electronically submitted
Delivered: This judgement was prepared
and authored by the Acting Judges whose names are reflected and is
handed down electronically
by circulation to the Parties / their
legal representatives by email and by uploading it to the electronic
file of this matter
on CaseLines. The date of the judgment is deemed
to be
30 AUGUST 2023
.
COUNSEL
FOR APPELLANT:
IN
PERSON
INSTRUCTED
BY:
-
COUNSEL
FOR RESPONDENT:
MR
UNGERER
INSTRUCTED
BY:
KLOPPER
JONKER INC
DATE
OF THE APPEAL:
10
AUGUST 2023
DATE
OF JUDGMENT:
30
AUGUST 2023