PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT

CHAPTER NINE: MOTION COURT

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Any matters not on the roll must only be brought to the attention of the presiding judge of the court on whose roll the matter ought to have appeared after the roll of that court has been called at least once. At that time the presiding judge’s secretary will invite counsel to mention matters not on the roll.
Once counsel has determined that a matter is not on the roll and the relevant court file has been located, the court file should be handed to the secretary of the judge presiding over that portion of the roll in which the matter should have appeared. The judge’s secretary shall prepare a list of such matters for use by the judge’s secretary and the presiding judge.
If the matter is not on the roll due to a fault in the registrar’s office, the file should be endorsed to that effect by the registrar dealing with enrolment. Once the matter is enrolled, the presiding judge will give directions for the hearing of the matter.
If the matter is not on the roll due to an act or omission on the part of the legal representative who was responsible for the enrolment of the application, an affidavit explaining the act or omission by the legal representative must be filed in the court file. In the absence of urgency and prejudice the matter will not be enrolled.