Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023)

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 >> 2023 >> [2023] ZAGPJHC 982 | Noteup | LawCite sino index ## Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023) Gxumisa v Moloto (A2023-022151) [2023] ZAGPJHC 982 (30 August 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_982.html sino date 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 sino noindex make_database footer start