PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT

Practice Manual of the South Gauteng High Court
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CHAPTER NINE: MOTION COURT

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9.20 SETTLEMENT AGREEMENTS AND DRAFT ORDERS

1. Where the parties to an application have entered into a settlement agreement, a judge will only make such settlement agreement an order of court if
  1.1. counsel representing all the parties to the application are present in court and confirm the signature of their respective clients to the settlement agreement and that their clients want the settlement agreement made an order of court
    or
  1.2 proof to the satisfaction of the presiding judge is provided as to the identity of the person who signed the settlement agreement and that the parties thereto want the settlement made an order of court.
2. Where the parties to an application have settled the application on the terms set out in a draft order, a judge will only make such draft order an order of court if
  2.1 counsel representing all the parties to the application are present in court and confirm that the draft order correctly reflects the terms agreed upon;
    or
  2.2 proof to the satisfaction of the presiding judge is provided that the draft order correctly reflects the terms agreed upon
3. All applications must be accompanied by a draft order reflecting the precise terms of the relief sought. Such draft order must be filed with the registrar at the time of issuing of the application.

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