EFFECTIVE FROM 1 DECEMBER 2022
The latest amendment to Practice Directive 1 of 2021 came into effect on 1 December 2022.
Click here for the DJP’s notice dated 1 December 2022.
We have marked up the full PD1 of 2022 as published on 8 July 2022 with the above amendments.
Click here for the marked up document
The most important amendments brought about by this latest amendment are the following:
- Judicial trial readiness certification is no longer required for category Y matters (matters where the Defendant is the RAF, Prasa or Gauteng Department of Health) and all such JCM hearings enrolled for 2023 are to be automatically removed, unless submissions were made to the Registrar by 15 December 2022 as to why they should not be removed.
- Special interlocutory court (SIC) applications for judicial referral to default judgement in category Y matters are no longer required.
- Hearings in open court are the preferred mode of hearing in respect of all trial matters.
- Applications for trial dates on “Y” matters to be dealt with in terms of Chapter 7 of PD1/2021 (Previous procedure for non “Y” matters), with additional requirements to be met for RAF matters. These requirements include that the Registrar is to certify matters as trial-ready subject to specific requirements having been met before trial date may be allocated.
- Applications for Default judgement in “Y” matters must now again be made to the Registrar directly. The Registrar must be satisfied that the Plaintiff’s attorney has made a signed affidavit setting out the basis relied upon for default judgement, which must include references to the expert reports upon which reliance shall be placed.
- Cases against the MEC for health, Gauteng to be referred for case management.
- The Special Interlocutory Court in North Gauteng to sit each day of the week.
- The Scope of the settlement court is expanded to include all cases based on delict against any organ of state where public funds are to be paid as damages to the Plaintiff.
The profession is still awaiting one combined directive containing the provisions of PD1 of 2021 as well as Directive 2 of 2022 “Judge president’s revised consolidated directive” published on 18 July 2022, which must be read together with PD1 of 2022. This would go a long way to resolving widespread confusion and uncertainty regarding the exact practical workings of the amended directive after 1 December 2022.
Click here for Directive 2 of 2022 “Judge president’s revised consolidated directive”
The Annexures to PD1 of 2021, containing standard court forms to be utilised in day-to-day practice are still to be amended to bring them in line with the amendments of 1 December 2022.