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  • C&a Letter To JCM Justices

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    Jillian Green
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    The document is a letter from Cooper & Associates Inc., a law firm, to the Honourable Deputy Judge President requesting the appointment of a new trial judge for the case Grand Valley Estates (Pty) Limited & 11 Others v Mpumalanga Tourism Park Agency & 24 Others. [The letter provides background on the case, which involved a special trial that was incomplete due to the original judge being removed, and requests a judicial case management meeting to determine a roadmap for expediting the finalization of the special trial, including the appointment of a replacement judge such as Nugent J, Blieden J, or Griesel J.]

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    Letter to JCM Justices

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    20240122 C&a Letter to JCM Justices

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    The document is a letter from Cooper & Associates Inc., a law firm, to the Honourable Deputy Judge President requesting the appointment of a new trial judge for the case Grand Valley Estates (Pty) Limited & 11 Others v Mpumalanga Tourism Park Agency & 24 Others. [The letter provides background on the case, which involved a special trial that was incomplete due to the original judge being removed, and requests a judicial case management meeting to determine a roadmap for expediting the finalization of the special trial, including the appointment of a replacement judge such as Nugent J, Blieden J, or Griesel J.]

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    22K views3 pages

    C&a Letter To JCM Justices

    Uploaded by

    Jillian Green
    The document is a letter from Cooper & Associates Inc., a law firm, to the Honourable Deputy Judge President requesting the appointment of a new trial judge for the case Grand Valley Estates (Pty) Limited & 11 Others v Mpumalanga Tourism Park Agency & 24 Others. [The letter provides background on the case, which involved a special trial that was incomplete due to the original judge being removed, and requests a judicial case management meeting to determine a roadmap for expediting the finalization of the special trial, including the appointment of a replacement judge such as Nugent J, Blieden J, or Griesel J.]

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    of 3

    COOPER & ASSOCIATES Inc.

    Reg. No 1996/016739/21, VAT Reg. No 4150168542


    ATTORNEYS, NOTARIES, CONVEYANCERS and INSOLVENCY PRACTITIONERS
    Also admitted in Lesotho, Swaziland and Namibia
    DIRECTOR:
    CHAVONNES BADENHORST St CLAIR COOPER B.PROC.LL.B (UOFS)
    (Attorney) WEST WING, FIRST FLOOR
    HONEY CHAMBERS
    ASSOCIATES: NORTHRIDGE MALL
    MONICA ISABEL LOURO B.COM L.L.B L.L.M (UFS) KENNETH KAUNDA ROAD
    (Attorney/Notary Public/Conveyancer) BLOEMFONTEIN, 9301

    CHELSEY JO St CLAIR COOPER L.L.B (UFS) PO BOX 249, BLOEMFONTEIN, 9300


    (Attorney)
    DOCEX 98, BLOEMFONTEIN, 9300
    CONSULTANT:
    STEPHANUS ANDREAS REDELINGHUYS B.PROC (UOFS) TEL: 051 403 6648
    (Attorney)
    E-MAIL: [email protected]
    WOUTER FRANCOIS DE VOS
    (Personal Assistant)

    22 January 2024

    The Honourable Deputy Judge President


    Mr Justice A Ledwaba
    PRETORIA

    Per email:
    1. Anna-Marie A. Nieuwoudt [email protected] (Ms)
    2. Siviwe Sidesha [email protected] (Mr)
    3. Avela Mbelani [email protected] (Ms)

    Honourable Deputy Judge President Ledwaba

    GRAND VALLEY ESTATES (PTY) LIMITED & 11 OTHERS v MPUMALANGA


    TOURISM PARK AGENCY & 24 OTHERS: - CASE NO: 34502/2010

    1. We refer to the above matter in which we are waiting for the appointment of
    a trial judge to complete the proceedings.

    2. The matter was allocated as a special trial and plaintiffs closed their case on
    12 June 2023. Thereafter, the matter was set down for twenty (20) days to
    complete the evidence of the defendants from 6 to 16 November and 4 to 15
    December 2023. The matter was unfortunately not heard during this period.
    What transpired was that the trial judge, Sardiwalla J, was boarded on 24 July
    2023. The plaintiffs were advised on 6 November 2023 that Sardiwalla J
    could not finalise the trial.

    3. The defendants have argued that the matter should commence de novo. This
    is disputed by the plaintiffs, who rely on their rights in terms of section 34 of
    COOPER & ASSOCIATES Inc. Page 2

    the Constitution. The plaintiffs submit that the matter should proceed before
    a different judge on the record before Molefe J and Sardiwalla J.

    4. In this regard, the plaintiffs propose the names of Nugent J, Blieden J, or


    Griesel J, who are all retired judges and can be approached at the discretion
    of the Judge President. While we propose these judges, we are open to other
    names.

    5. For several reasons, it is urgent that a new trial judge be appointed to replace
    Sardiwalla J.

    6. The 1st to 7th Plaintiffs have now appointed senior counsel, Advocate T N
    Ngcukaitobi SC, to act on their behalf.

    7. In discussions with Advocate Ngcukaitobi SC, the plaintiffs hereby make the
    following proposals for a roadmap to expedite the finalisation of the special
    trial:

    7.1 A Judicial Case Management meeting to be conducted on a date


    determined by you with the following agenda:

    7.1.1 The final witness list of the defendants;

    7.1.2 Witness summaries of the defendants to curtail unnecessary cross-


    examination on issues that are not in dispute;

    7.1.3 Agreement on the status of the proceedings before Molefe J and


    Sardiwalla J;

    7.1.4 Agreement on virtual versus physical court.

    8. From plaintiffs’ point of view, time is of the essence.

    We are looking forward to the opportunity of discussing these matters in a judicial


    case management meeting and await hearing from you.

    Yours faithfully

    COOPER & ASSOCIATES INC.


    Per: S A Redelinghuys
    Consultant
    COOPER & ASSOCIATES Inc. Page 3

    Copies to:

    The Honourable Judge President


    Mr Justice D Mlambo

    Per email:
    1. Dineo S. Mthiyane [email protected] (Ms)
    2. Clement Mabunda [email protected] (Ms)

    And

    The State Attorney


    Mr N Govender
    PRETORIA

    Per email:
    1. [email protected]
    2. [email protected]

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