IN THE HIGH COURT OF SOUTH AFRICA
EASTERN CAPE LOCAL DIVISION, MTHATHTA
CASE NO: 2729/2019
In the matter between:
ZUKO SODLADLA 1ST PLAINTIFF
ANELE MTHETHO 2ND PLAINTIFF
And
MINISTER OF POLICE 1ST DEFENDANT
NATIONAL DIRECTOR OF PUBLIC
PROSECUTIONS 2ND DEFENDANT
THEMBINKOSI MANGCIPHU 3RD DEFENDANT
ROLL CALL TRIAL PREPARATION CHECKLIST
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1. Narrowing issues
1.1 Have the parties signed pre-trial minutes summarizing/recording
the issues agreed and those in dispute between them?
Yes
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1.2 Has a summary of the issues which the judge will be required to
determine at the trial been agreed?
Yes
2. The issues to be decided are:
2.1 The Honorable Court is called upon to determine the liability of
the Defendant in the unlawful arrest and detention of the
Plaintiff on the 4th of June 2018.
2.2 The Honorable Court is called upon to determine the liability of
the Defendant in the Contumelia suffered by the Plaintiff during
the time of the unlawful arrest and detention.
2.3 The Honorable Court is called upon to determine the liability of
the Defendant in the Malicious Prosecution of the Plaintiff on the
1st of June 2018.
2.4 The Honorable Court is called to determine how much should be
awarded to the Plaintiff as a result of the abovementioned
incidents that occurred.
3. Have the merits and quantum been separated in terms of rule 33(4),
and has this been recorded in an order of court with reference made
to the applicable provisions in the pleadings?
No
4. In the event of a special plea having to be decided separately from
other issues-
(a) Will oral evidence be led; or
(b) Will the parties agree on a stated case for adjudication in terms of
rule 33?
Yes
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5. Trial Preparation
5.1 Have all required amendments to the pleadings taken place?
Yes
5.2 (a) Are all discovery processes complete?
Yes
(b) Are there any outstanding issues relating to discovery,
including applications in terms of rule 35?
No
(c) Is Further discovery anticipated?
No
5.3 are there any points in limine and/or interlocutory issues which
have arisen or which are anticipated to arise?
No
Have all documents in the file been paginated and indexed?
Yes
6. Witnesses and evidence
6.1 how many lay witnesses do the plaintiff and defendant anticipate
will be called to testify?
Plaintiff: 2 (two). Defendant 2 (two)
6.2 Do parties intend to call expert witnesses and if so, how many?
Plaintiff: 0 (zero). Defendant: 0 (zero)
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6.3 Have all expert notices and summaries been filed in respect of
each expert witness?
Yes
6.4 Have the opposing experts in the same field met with a view to
formulating a joint minute?
No
(a) The Respondent did not file any expert reports thus far.
6.5 Have the pre-trial minutes recording issues in dispute been
amended to reflect the content of the joint minute of experts?
No
6.6 are interpreting services required at trial?
Yes
If so, have the parties identified an appropriately qualified
interpreter?
No
6.7 is real evidence to be presented at trial?
Yes
6.8 If real evidence is to be presented, is the admissibility of such
evidence agreed?
Yes
7. Settlement
Have appropriate efforts been made to settle the matter?
Yes
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8. Duration of trial
8.1 for how many days is the trial expected to run?
Three (3) days
8.2 do the parties anticipate that argument will proceed immediately
after the conclusion of evidence?
Yes
8.3 Does the assessment as to the member of trial days required take
argument into account?
Yes
9. Additional issues
9.1 Are there other relevant issues to be noted?
No
9.2 Is there any judge disqualified from hearing the matter, in terms
of rule 37A (15)?
No
10. Certification
10.1 Do parties submit that the matter is trial ready?
Yes
10.2 The estimated duration of the trial is 3 days
___________________ ___________________
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Plaintiff’s Attorney Defendant’s Attorneys
Dated at Mthatha on this ______day of ________ 2022
11. Judge’s Comments/order
(a) the matter is trial ready/not trial ready
(b) Comments/order, if any:
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Judge
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Date
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