P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2024 >> [2024] ZAGPJHC 913 | Noteup | LawCite sino index ## P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024) P.M obo M.M v Nkomo-Ralehoko and Others (2022/23339) [2024] ZAGPJHC 913 (10 September 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2024_913.html sino date 10 September 2024 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy ###### IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2022/23339 1. Reportable: 2. Of interest to other judges: 3. Revised: 10 September 2024 In the matter between: P[...] M[...] OBO MINOR M[...] D[...] M[...] Applicant and MRS NOMANTU NKOMO-RALEHOKO (MEC) 1 st Respondent MEC FOR HEALTH GP DEPARTMENT OF HEALTH 2 nd Respondent MR MHAWUKELWA KHOZA, LEGAL OFFICER (MEC) 3 rd Respondent PREMIER OF GAUTENG PROVINCIAL GOVERNMENT 4 th Respondent MINISTER OF POLICE 5 th Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN 6 th Respondent THE STATE ATTORNEY JOHANNESBURG 7 th Respondent JUDGMENT WRIGHT J 1. In this action against the MEC for Health, the merits have been conceded. 2. The plaintiff seeks now urgently to hold the MEC in contempt of an earlier court order and that she be sentenced to 2 years’ jail. 3. The earlier order relates to trial readiness. 4. The nub of the present dispute today is that the defendant did not deliver expert reports by 20 August 2024. 5. Also sought is an order that an interim payment of R13 000 000 be made urgently. 6. Related relief is sought. 7. The opposition includes an application by the MEC, seeking condonation for failing to adhere to the court order that the MEC take certain steps regarding preparation for trial on 2 March 2026. That application is in the pipeline. 8. The plaintiff’s attorney, it is common cause, has set the trial down for hearing on that date. 9. On 23 March 2024, the defendant wrote to the plaintiff’s attorney, requesting that the threatened urgent application be held back as the defendant needed funds to secure the reports of experts. 10. Despite the request, the present urgent application was launched on 29 August 2024. 11. This case, like many others is awaiting trial a long time in the future. Much needs to be done between now and trial to get the matter trial ready. 12. In my view, it would be unwise to hear the present application when there is, in the pipeline, an application by the present respondent/defendant, seeking condonation. 13. In my view, there is no urgency in the matter. ORDER 1. The application is removed, costs reserved - GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD DELIVERED :10 September 2024 :10 September 2024 APPEARANCES: Applicant Instructed by Adv Mashilane mashilane@gmail.com 071 987 7549 Malatji S Attorneys 071 913 4180 malatjislegalpractitioners@gmail.com Respondent Instructed by Adv Dlamini MBA Inc Attorneys aristidis@mbaincorporated.gov.za 011 463 9401 sino noindex make_database footer start