OFFICE OF THE JUDGE PRESIDENT

GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA

P O Box 442, PRETORIA 0001 - Tel 012- 314-9003 - Fax 012-326-4940
Palace of Justice, Church Square, Room 13, First Floor, Pretoria
Private Bag X7, JOHANNESBURG 2001 - Tel 011- 335-0479 - Fax 086-207-1291
c/o Pritchard and Von Brandis Streets, Room 510, Fifth Floor, Johannesburg
E-mail: NWalkinshaw@judiciary.org.za

10 January 2020
To:-
1. Judges - Gauteng Division of the High Court, Pretoria and Johannesburg
2. Chief Registrar - Gauteng Division of the High Court, Pretoria and Johannesburg
3. Secretariat – Judicial Case Flow Management, Office of the Chief Justice
4. Secretary General, Office of the Chief Justice
5. The Rules Board for Courts of Law
6. Registrars - Gauteng Division of the High Court, Pretoria and Johannesburg
7. Legal Practice Council – Gauteng
8. Law Society of South Africa
9. Johannesburg Society of Advocates
10. Pan African Bar Association of South Africa
11. Gauteng Family Law Forum
12. Gauteng Attorneys Association
13. Pretoria Attorneys Association
14. Johannesburg Attorneys Association
15. West Rand Attorneys Association
16. General Council of the Bar of South Africa
17. National Bar Council of South Africa
18. National Forum of Advocates
19. Pretoria Society of Advocates
20. North Gauteng Association of Advocates
21. Church Square Association of Advocates
22. Advocates for Transformation
23. Black Lawyers Association
24. National Association of Democratic Lawyers
25. Office of the Director of Public Prosecutions, Pretoria and Johannesburg
26. Office of the State Attorneys, Pretoria and Johannesburg
27. Office of the Family Advocate, Pretoria and Johannesburg
28. Legal Aid South Africa
 JUDGE PRESIDENT’S PRACTICE DIRECTIVE 2 of 2020

RE: AMENDMENTS TO THE PRACTICE MANUALS OF THE GAUTENG DIVISION OF THE HIGH
COURT, PRETORIA AND JOHANNESBURG

This Directive serves to inform Judges, the Registry and all Practitioners of amendments to the
Practice Manuals of the Gauteng Division of the High Court in Pretoria and Johannesburg. The
amendments (where applicable) are suitably marked and any new provisions set out in this Directive
shall replace all previous Directives issued in respect thereof.

1. Unopposed Motions

1.1 With effect from 27 January, 2020, chapter 9.9.2 of the Practice Manual of the Gauteng
Division, Johannesburg and chapter 13.9 of the Practice Manual of the Gauteng Division,
Pretoria dealing with the ENROLMENT OF UNOPPOSED MOTIONS shall be amended in
respect of FINAL ENROLMENT as follows:

1.2 Paragraph 12 of chapter 9.9.2 (Gauteng Division, Johannesburg) and paragraph 11 of

chapter 13.9 (Gauteng Division, Pretoria) shall now read as follows:

1.2.1 Unopposed motions may not be finally enrolled later that noon seven (7) clear Court
days preceding the day on which the matter is to be heard. This requirement shall be
strictly enforced and the Registrar is empowered to refuse the enrolment of matters
that are not compliant with the provisions herein. Should a party(s) fail to finally enrol
a matter in accordance with this provision, such party shall apply for a new provisional
enrolment to the Registrar.

1.2.2 Once a matter has been successfully enrolled on the final Unopposed Motion Roll,
the Registrar shall create such case on the CaseLines digital litigation platform and
invite all parties thereto to upload their case documents on the CaseLines system in
accordance with the Caselines sectional index.

1.3 The following applications in the Gauteng Division, Pretoria will henceforth be enrolled on a
Friday roll:

1.3.1 Applications to compel;

1.3.2 Applications for appointment of Curator;
 1.3.3 Rule 46A and Rule 46(11) applications;
1.3.4 Applications for guardianship;
1.3.5 Variation of Orders; and
1.3.6 Transfer of matters.

1.4 The roll of the applications referred to in paragraph 1.3 may not exceed a total of 50 (fifty)
matters per day and the provisions set out in paragraphs 1.2.1 and 1.2.2 will apply.

2. Opposed Motions

2.1 With effect from 27 January, 2020, the Practice Manual of the Gauteng Division, Pretoria and
the Practice Manual of the Gauteng Division, Johannesburg dealing with the enrolment of
Opposed Motions shall be amended as follows:

2.1.1 A party to an opposed motion may apply to the Registrar to allocate a date for the hearing

of that application in terms of Rule 6(5)(f) of the Uniform Rules of Court only if:

- the papers have been properly secured, indexed and paginated provided that this shall not

be necessary if the matter has been created and is handled through the Caselines Digital

Litigation Platform; and

- heads of argument accompanied by a practice note from each party have been delivered

and/or digitally uploaded on the Caselines Digital Litigation Platform.

2.2 The procedure to enrol an opposed application commences when a consolidated index is

delivered and/or uploaded on then CaseLines Digital Litigation Platform.

2.3 The applicant shall deliver a consolidated index within five (5) days from the date of service

of the applicant’s replying affidavit or last affidavit that can permissibly be filed and/or

uploaded on the Caselines Digital Litigation Platform.

2.4 Should the applicant not timeously deliver and/or upload the consolidated index, the

respondent may do so.

2.5 The consolidated index must prominently indicate on the front page the date when and in what

manner it was served on the opposing party.

2.6 The applicant shall deliver and/or upload heads of argument and a practice note within ten

(10) days from the date of service and/or upload of the consolidated index.

2.7 The respondent shall deliver and/or upload heads of argument and a practice note within 10

days from the date of receipt of the applicant’s heads of argument.

2.8 If the applicant fails to deliver and/or upload the heads of argument and practice note within

the prescribed period, the respondent shall deliver and/or upload its heads of argument and

practice note, within 10 days of the expiration of the period referred to in paragraph 6 above.

2.9 When a party fails to deliver and/or upload heads of argument on the prescribed date, the

complying party may apply to the registrar for a provisional enrolment date and

simultaneously such party shall initiate the application referred to in paragraph 4.1.12 below.

2.10 The heads of argument and practice notes may be served in accordance with Rule 4A of the

Uniform Rules but uploading on the Caselines system shall be regarded as compliance with

the Rule. This directive applies to the service and filing of any pleading and/or notice

contemplated in this directive.

2.11 Where a party fails to deliver and/or upload heads of argument and/or a practice note within

the stipulated period the complying party may provisionally enrol the application for hearing.

Such party shall, upon provisional enrolment, simultaneously initiate and/or upload an

interlocutory application on notice to the defaulting party that on the date set out therein,

(which shall be at least 5 days from such notice), he or she will apply for an order that the

defaulting party delivers and/or uploads his or her heads of argument and practice note within

3 days of such order, failing which the defaulting party’s claim or defence will be struck out.

Such application shall be enrolled in line with the provisions set out in Practice Directive 2 of

2019 dealing with interlocutory applications.

2.12 No opposed motion will be enrolled on the final roll without the requisite heads of argument

being filed and/or uploaded. For all opposed motions to be enrolled, the enrolling party shall

send a suitably worded email requesting the creation of cases, where necessary, on

CaseLines and enrolment of the matter to JHBOEnrolment@judiciary.org.za for

Johannesburg cases and PTAOEnrolment@judiciary.org.za for Pretoria cases. Upon receipt

the Registrar will supply the next available date(s) which the party will have to confirm with

the Registrar within one day, failing which, the matter will not be finally enrolled.

2.13 Additional or supplementary heads of argument may only be filed and/or uploaded by a party

with the leave of the Court.

2.14 When preparing heads of argument practitioners are reminded of the dicta in Caterham Car

Sales & Coachworks Limited v Birkin Cars (Pty) Ltd and Another 1998 (3) SA 938 (SCA) at
 955B-G and Ensign-Bickford (SA) (Pty) Ltd and Others v AECI Explosives & Chemicals Ltd

1999 (1) SA 70 (SCA) 84H-85B.

2.15 The heads of argument shall include a list of the authorities to be quoted in support of the

argument. The parties do NOT need to provide copies of authorities or any statutory

enactment relied with the heads of argument, unless requested by the presiding Judge.

However, if counsel is to refer to an authority, or statutory enactment or part thereof, copies

must be made available to the court and the opposing party at the hearing provided that this

may be uploaded on the CaseLines system under the appropriate section.

2.16 The heads of argument of the applicant shall be accompanied by a chronology table, duly

cross-referenced, without argument, but including a succinct description of the events/facts.

If the respondent disputes the correctness of the chronology table in a material respect, the

respondent’s heads of argument shall be accompanied by the respondent’s version of the

chronology table. The chronology must include dates relevant to the material facts of the

dispute, as well as the dates on which documents were filed/served.

2.17 Regarding matters that are not on the Caselines Digital Litigation Platform, the Registrar will

make available a secure location (the location) under the supervision of a person (the

supervisor) where a register of matters enrolled on the opposed motion roll will be kept. For

matters initiated on the CaseLines Digital Litigation system, the Registrar shall create a portal

containing the Opposed Motion Rolls which shall specify the details of all matters enrolled for

each Opposed Motion week.

2.18 No more than sixty (60) applications may be enrolled for any court week.
2.19 Once a matter is enrolled:

2.19.1 no party may, without the leave of the Court, file any further documents other than

a notice of removal, a notice of withdrawal, a notice of postponement or an official

document or report.

2.19.2 where an application is required to be brought in terms of ss 4 and 5 of the

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

(PIE) the Registrar shall afford access to the court file, for matters not on the

Caselines system, and permit the filing of documents.

2.20 It shall be the responsibility of the Registrar to prepare a court roll from the register and/or

portal for the opposed motions for each week.

2.21 Where an opposed application is to be set down for hearing during the first or second week

of any term, the parties shall comply with the requirements set out in paragraphs 2.1.1 to 2.17

and 2.19 by not later than the first day of the last week of the preceding term.

2.22 In all opposed applications that are to be heard during the first and second weeks of any

term the Registrar shall invite the senior Judge or Judges concerned and their Secretaries to

the case, for allocation on the first day of the last week of the preceding term.

2.23 Save for applications that are of an urgent nature, no opposed applications must be set down

for hearing during the last week of term.

 2.24 If an application is not to proceed on the date allocated, the parties must immediately notify

the Registrar via the relevant email.

3. Rule 43 applications

RULE 43 APPLICATIONS DURING TERM

3.1 All Rule 43 Applications issued from 27 January 2020 shall be initiated on the Caselines
Digital Litigation Platform. Parties shall issue their applications in person through the
Registrar who shall create the case on then CaseLines Digital Litigation Platform and invite
the parties. Upon issue and creation, the applicant must serve the application and upload it
on the Caselines system. The applicant must provide the details of the respondent to the
Registrar who will invite the Respondent or his/her legal representatives, to the case, to
register and upload its answering affidavit on the system. All pleadings thereafter shall be
uploaded on the CaseLines system by the relevant party responsible for filing it.

3.2 All Rule 43 applications are to be enrolled on a separate roll on Tuesdays and Thursdays of
each week during term. All matters are to be set down seven (7) court days prior to the
hearing date. Save as provided in 3.5.6 below, the roll comprises of a maximum of five (5)
opposed Rule 43 applications and five (5) unopposed Rule 43 applications. An application in
terms of 4A.6 is allocated as either an opposed Rule 43 application or unopposed Rule 43
application in terms hereof, depending on its nature. Matters are to be set down firstly, on a
Tuesday and only once the maximum number per day has been reached, may matters be
set down on a Thursday of that week.

3.3 Every Rule 43 application set down for hearing shall be duly paginated and be accompanied
by a practice note. The opposing party’s legal representative shall shall upload onto the
CaseLines system, by no later than 13h00 five (5) court days preceding the hearing of the
application, his/her practice note.

3.4 That practice note must set out the following information:

3.4.1Whether the matter is opposed or unopposed;

 3.4.2 Expected duration of the matter;

3.4.3 The name, telephone number (including cell-phone number) and email address of the
legal practitioner for each party, if known;

3.4.4 A comparative table of no more than 2 pages detailing the relief sought by each party
in respect of maintenance and/or the regime to regulate care and contact with minor
children, clearly distinguishing –

3.4.4.1 items of relief which are agreed or common cause and

3.4.4.2 items of relief that are in dispute.

3.4.5 The information shall be set out so that the disputed issues are immediately in
juxtaposition to facilitate proper and swift comparison, and to enable the Judge to
identify exactly what is in dispute and what is common cause.

3.5. FINANCIAL DISCLOSURE FORMS IN DIVORCE ACTIONS AND RULE 43 APPLICATIONS

3.5.1. A financial disclosure form (“FDF”) annexed to this Section as “FDF1” must be
completed under oath, together with the supporting documentation referred to in FDF1
by each party in an opposed divorce action in which maintenance or proprietary relief
is in dispute and/or in every opposed Rule 43 application in which maintenance is in
dispute. Each party must index and paginate his/her duly completed FDF with
supporting documents, prior to the exchange and delivery thereof referred to below.

3.5.2. In any opposed divorce action in which maintenance or proprietary relief is in dispute,
both parties must exchange (inter partes), their respective FDFs no later than 10 court
days after the Defendant delivers his/her Plea.

3.5.3. In any opposed Rule 43 Application in which maintenance is in dispute:

3.5.3.1. the Applicant and Respondent must exchange (inter partes), their respective
FDFs no later than 5 days after the Respondent has delivered his/her sworn
reply;

3.5.3.2. each party must place his/her FDF in the court file simultaneously with the
filing of his/her Practice Note and a comparative table detailing:
 - the relief sought by each party in respect of maintenance and/or the regime
to regulate care and contact with minor children, clearly distinguishing –

items of relief which are agreed or common cause.

items of relief that are in dispute.
items of relief sought by the applicant that are in competition with items
of counter relief sought by the respondent;

- The information shall be set out so that the competing propositions are
immediately in juxtaposition to facilitate proper and swift comparison, and to
enable the Judge to identify exactly what is controversial.

3.5.3.3. the FDF documents must be paginated and incorporated in a separate

bundle;

3.5.4 The judge hearing the Rule 43 application will determine whether or not further affidavits
in terms of Rule 43 (5) are necessary.

3.5.5. In any matter where a divorce Summons and a Rule 43 application are issued
simultaneously (or where a Rule 43 application precedes the issuing of a divorce
Summons), the FDFs must be exchanged in accordance with the time periods relating
to Rule 43 applications.

3.5.6. Where a party fails to deliver his/her FDF within the stipulated period, the complying
party may bring an application, on notice, to the defaulting party that on the date set
out therein, (which shall be at least 5 days from such notice) he/she will apply for an
order that the defaulting party deliver his/her FDF within 5 days of such order, failing
which the complying party may, on the same papers duly supplemented apply for the
defaulting party’s claim or defence to be struck out. These applications will be set down
in the court dealing with the Rule 43 applications and be regarded as either an opposed
or unopposed Rule 43 matter.
4. Summary Judgments

4.1 Unopposed and Opposed Summary Judgment applications with a duration of not more than
one hour will be enrolled on the Unopposed Motion Roll. A maximum of 5 opposed
Summary Judgment applications are to be enrolled per day.

4.2 Summary Judgement applications of a duration longer than one hour may not be heard in
the unopposed motion Court and should be enrolled on the Opposed Motion Roll.

4.3 The Summary Judgment applications referred to paragraph 4.1 above are set down for
Tuesdays and Thursdays of each week of term. Matters for Tuesday must be set down by
the previous Thursday and matters for a Thursday by the previous Friday. The presiding
Judge will on each Tuesday and Thursday at roll call indicate when the respective matters
will be hear.

5. Limitation on number of process issued

With effect from 10 January 2020, the number of Summonses/Applications that each Law Firm shall
be permitted to issue a day at the Gauteng Division of the High Court, Pretoria and Johannesburg,
shall be fifteen (15). The effect of this provision is that each Law Firm can issue a maximum of fifteen
(15) case initiating documents a day excluding Rule 6 (12) urgent applications.

This Directive becomes of force and effect on 10 January 2020.

Sincerely,

_____________________________________
D MLAMBO
JUDGE PRESIDENT OF THE GAUTENG DIVISION OF THE
HIGH COURT OF SOUTH AFRICA
ANNEXURE – FINANCIAL DISCLOSURE FORM (“FDF1”)

FINANCIAL DISCLOSURE FORM

Case no:
THE PARTIES

Karen Ruth Barraball

(born Joubert)
___________________ ______________________
Graham Lionel Barraball
The applicant / plaintiff The respondent / defendant

TO THE JUDGE:
A SUMMARY OF ASSETS AND LIABILITIES APPEARS ON PAGE 19
A SUMMARY OF INCOME APPEARS ON PAGE 19
A SUMMARY OF MONTHLY EXPENDITURE APPEARS ON PAGES 20 TO 23

Party making financial disclosure: __________________________________________

Applicant/Plaintiff

Please fill in this form fully and accurately. Where any box is not applicable, write “N/A”.

You have a duty to the court to give a full, frank and clear disclosure of all your financial
and other relevant circumstances.

A failure to give full and accurate disclosure may result in an adverse court order.

If you are found to have been deliberately untruthful, criminal proceedings may be brought
against you for perjury and/ or fraud.

The information given in this form must be confirmed under oath or affirmation.
Proceedings for contempt of court may be brought against a person who makes or causes
to be made, a false statement in a document verified under oath or affirmation.

When the form is delivered to other parties to the application or action, it must be
accompanied by all supporting documents mentioned in the body of the form, and any
others you wish to attach. NO supporting documents must be filed in court.
 If there is not enough room on the form for any particular piece of information, you may
continue on an attached sheet of paper.

If you are in doubt about how to complete any part of this form you should seek legal advice.

1 GENERAL INFORMATION
1.1 Full name Karen Ruth Barraball (born Joubert)

1.2 Date of birth (DD/MM/YYY): 1996-03-17

1.3 Residential Address: 7 Orange Avenue, Riverdale, Sandton

1.4 Identity and/or passport number: 660317 0053 08 1

1.5 Date of marriage (DD/MM/YYY): 2005-04-16
1.6 Type of Marriage (Civil/Civil Union/Customary): Civil
1.7 Matrimonial Property Regime (tick appropriate):

In community of Out of community of Out of community of Other (Specify):

property property (excluding property (including
accrual system) accrual system
X

1.8 Occupation: School-Teacher

1.9 Date of separation: 9th May 2023

1.10 Date of issue of summons:
1.11 Details of any children of the family

FULL NAMES AND DATE OF BIRTH WITH WHOM DOES THE CHILD
SURNAME (DD/MM/YY) LIVE?
1 Samantha Faith Barraball 11 05 2006 Respondent/Defendant
2
3
4
5
6

1.12 Details of any other pending or finalised court cases between you and your
spouse, whether in relation to money, property, children, domestic violence, or
anything else.
 CASE NO COURT TYPE OF PROCEEDINGS
1 N/A

3
4

2 FINANCIAL DETAILS

CAPITAL – ASSETS

2.1 FAMILY HOME: Complete this section in respect of the last family home
occupied by you and your spouse, if it remains unsold.

Documentation required for attachment to this section:

a) A copy of any valuation of the property obtained within the last six months (e.g. Estate agent,
municipal or online Lightstone valuation)
b) A recent home loan statement confirming the sum outstanding on each mortgage
registered over the property

Property address (including Erf no:)

__________________________________________________________________
Erf 181 18 Lebombo Avenue, Quellerina, Roodepoort

Registered owner/s of property

Respondent/Defendant
__________________________________________________________________

Current market value of the property

__________________________________________________________________
Estimated value at R3,000,000-00

Mortgage company/Bank name(s) and account number(s)

__________________________________________________________________
Unknown to the Applicant/Plaintiff

Balance(s) outstanding on any mortgage(s)

__________________________________________________________________
Unknown to the Applicant/Plaintiff

Who pays the mortgage bond instalments, and in what proportions?

__________________________________________________________________
Respondent/Defendant

Total equity in the property

Unknown to the Applicant/Plaintiff
__________________________________________________________________

TOTAL value of your interest in the family home:

TOTAL A: R_______________
half of the value of the property being R1,500,000-00

2.2. OTHER PROPERTIES: Details of your interest in any other immovable property,
land or buildings. Complete one page for each property you have an interest in.

Documentation required for attachment to this section:

a) A copy of any valuation of the property obtained within the last six months (e.g. Estate agent,
municipal or online Lightstone valuation)
b) A recent home loan/bond statement confirming the sum outstanding on each mortgage

Property address (including Erf no:)

2593 Pofadder Street, Marlothy Park
__________________________________________________________________

Registered owner/s of property

__________________________________________________________________
Respondent/Defendant

Current market value of the property

Estimated value at R3,000,000-00
__________________________________________________________________

Mortgage company/Bank name(s) and account number(s)

__________________________________________________________________
Unknown to the Respondent/Defendant

Balance(s) outstanding on any mortgage(s)

__________________________________________________________________
Unknown to the Respondent/Defendant
Who pays the mortgage bond instalments, and in what proportions?
__________________________________________________________________
Respondent/Defendant

Total equity in the property

__________________________________________________________________
unknown to the Plaintiff/Applicant

TOTAL value of your interest in other immovable property:

TOTAL B: R_______________
half of the value of the property being R1,500,000-00

2.3. BANK ACCOUNTS

Details of all personal bank accounts that you hold or have held at any time in the
last twelve months and which are or were either in your own name or in which you
have or have had any interest, in SA or offshore. This applies whether the account is
in credit or in debit. For overdrawn accounts, show a minus figure.

Documents required for this section:

For each account listed, bank statements for the past 6 (six) months

NAME OF BANK TYPE OF ACCOUNT ACCOUNT BALANCE AT THE

(E.G. CURRENT) NUMBER DATE OF THIS
STATEMENT

1
Nedbank Current 1131738357 R5,372-33
2
Nedbank Savings 2913353150 R-6,624-85
3
Capitec Savings 2076295972 R777,626-75
4

Total value of your interest in ALL accounts (C1): R__________________

776,374-23
2.4. INVESTMENTS

Details of all investments, including shares, investments (other than already

shown above) bonds, unit trusts, other investments, and other quoted securities
that you hold or have an interest in. (Do not include dividend income as this will
be dealt with separately later on.)

Documentation required for attachment to this section:

Latest statement relating to each investment.

NAME TYPE OF SIZE OF INVESTMENT CURRENT

INVESTMENT HOLDING/NR NUMBER VALUE
OF SHARES
1
N/A
2

TOTAL value of your interest in ALL investments (C2): R ______________

nil

2.5. POLICIES

Details of all life insurance and endowment policies that you hold or have an
intere in. Include those that do not have a surrender value.

Documentation required for attachment to this section:

 A surrender valuation of each policy that has a surrender value and/or a full policy schedule
from your broker.

NAME TYPE OF POLICY CURRENT CURRENT

POLICY NUMBER SURRENDER BENEFICIARIES

VALUE
1 Liberty Life Retirement Annuity 0024805773 R379,856-94 Applicant/Plaintiff
2
3
4
5
6

TOTAL value of your interest in ALL policies (C3): R __________________

R379,856-94

2.6. LOANS RECOVERABLE

Details of all monies that are OWED TO YOU in excess of R2 000-00. Do not
include sums owed by way of loan account in your business, but do include loan
accounts in Trusts. Documentary evidence required.

BRIEF DESCRIPTION OF MONEY OWED AND BY BALANCE

WHOM OUTSTANDING
1 N/A

2
3
4

TOTAL value of your interest in ALL Debts owed to you (C4): R ________
NIL

2.7. CASH
 Details of all cash sums held in excess of R2 000-00. You must state where it is
held and the currency it is held in (e.g. US$ 500 in safe at home).

WHERE HELD TOTAL CURRENCY TOTAL CURRENT

AMOUNT VALUE OF YOUR
INTEREST

1 N/A

TOTAL value of your interest in ALL cash sums (C5):

R__________________
NIL

2.8. PERSONAL BELONGINGS

Details of personal belongings individually worth more than R5 000-00.

INCLUDE:
Vehicles (trade value)
Collections, pictures and jewellery
Furniture and house contents (present market value, not replacement costs)

BRIEF DESCRIPTION OF ITEM TOTAL CURRENT VALUE OF YOUR

INTEREST
1
Hyundai i-X 35 R65,000-00
2
Nissan Almera R50,000-00
3
 4

2.9. BUSINESS INTERESTS

Details of all your business interests. Complete one page for each business you
have an interest in.

Documentation required for attachment to this section:

a) Copies of the business accounts (annual financial statements) for the last two financial
years
b) Any documentation, if available at this stage, upon which you have based your
estimate of the current value of your interest in this business, for example a letter from
an accountant or a formal valuation. It is not essential to obtain a formal valuation at
this stage.

Name and brief description of the business

N/A

Are you (please tick appropriate box)

□ Member in a close corporation
□ Shareholder in a limited company
□ Sole trader/partner

If you are a partner or a shareholder, state

the extent of your interest in the business N/A
(i.e. partnership or the extent of your
shareholding compared to the overall
shares issued)
 Total amount of any sums owed to you by
the business by way of a director’s loan N/A

account, partnership capital or current

accounts or the like. Identify where these
appear in the business accounts.
Your estimate of the current value of your
N/A
interest in the business. Explain briefly the
basis upon which you have reached that
figure

TOTAL value of all YOUR interests in business assets: R

N/A
TOTAL D

2.10. PENSION INTERESTS

Give details of all your interests, including retirement annuities, pension funds,
preservation funds. Complete a section for each pension interest, and add
additional pages if necessary.

Documentation required for attachment to this section:

a) A recent statement showing the cash equivalent provided by the trustees or managers
of each pension arrangement, alternatively, the value as prescribed in terms of the
Divorce Act.
b) If a valuation is not available, give the estimated date when it will be available and
attach a copy of your letter to the pension fund or administrators from whom the
information was sought.

PENSION INTEREST 1

Name of pension fund AdvTech Rawford Umbrella Pension Fund

____________________________

Policy number ____________________________

Type of scheme (pension/provident/RA) ____________________________

Pension

Present value ____________________________

R2,874-72
 Date of valuation ____________________________

PENSION INTEREST 2

Name of pension fund Capitec Savings Account

____________________________

Policy number ____________________________

Paid out

Type of scheme (pension/provident/RA) Pension

____________________________

Present value ____________________________

R780,000-00

Date of valuation ____________________________

N/A

PENSION INTEREST 3

Name of pension fund ____________________________

Policy number ____________________________

Type of scheme (pension/provident/RA) ____________________________

Present value ____________________________

Date of valuation ____________________________

PENSION INTEREST 4

Name of pension fund ____________________________

Policy number ____________________________

Type of scheme (pension/provident/RA) ____________________________

Present value ____________________________

Date of valuation ____________________________

TOTAL value of ALL your pension interests:

TOTAL E: R _________________________
R780,000-00

2.11. OTHER ASSETS

 Give details of any other assets not listed above.

INCLUDE (the following list is not exhaustive):

Any personal or business assets not yet disclosed

Share option or incentive schemes (whether or not your shares have vested)
Business expansion schemes
Future
Commodoties
Any asset not disclosed elsewhere on this form even if held outside of South
Africa
You are reminded of your obligations to disclose ALL your financial assets and
interest of ANY nature.

TYPE OF ASSET VALUE TOTAL NET

VALUE OF YOUR
INTEREST
1
N/A
2

10

TOTAL value of ALL your other assets:

TOTAL F: R ______________________
NIL

2.12. TRUSTS:

Are you a founder, trustee or beneficiary of any Trust? If so, please give the name, IT
number, and capacity in which you act.

NAME IT NUMBER CAPACITY

1
N/A
2
3
4
5
6

2. FINANCIAL DETAILS

CAPITAL - LIABILITIES

2.13. Details of any liabilities you have.

EXCLUDE liabilities already shown such as:

Mortgage/home loans, overdrafts.

INCLUDE:
Money owed on credit cards and store cards
Bank loans
Hire purchase/finance agreements e.g. on vehicles
 List all credit and store cards held including those with a nil or positive balance.

LIABILITY TYPE OF CREDIT TOTAL CURRENT

(E.G. EDGARS, BANK ETC.) (E.G. STORE VALUE OF YOUR
CARD, CREDIT INTEREST IN THE
CARD) LIABILITY
1 Chemist 14th Avenue Account R2,000-00
2 Piano Fees for Samantha Barraball / R1,200-00
Medical Aid for Plaintiff/Applicant, Respondent/
3 Defendant and Samantha Barraball / R3,500-00
4
5
6
7
8

TOTAL G: R _________________________________________________________
R6,700-00

FINANCIAL DETAILS
INCOME - EARNED INCOME FROM EMPLOYMENT

2.14. Details of earned income from employment. Compelete one page for each
employment.
Documentation required for attachment to this section:
a) IRP5 for the last financial year
b) Your last three payslips

Name of Employer ADvTech Group

 1. Benmore Road, Benmore, Sandton, 2196
Address of Employer
2. Crawford International Preparatory School

InterSen Teacher
Job Title

Gross income for last financial year as

shown on your IRP5 25, 252-66

Net income for last financial year i.e. gross

income less income tax and UIF (do not
deduct pension contributions) 19,009-55

Details and value of any bonuses or other

occasional payments that you have
received from your employer over the past
N/A
24 months, if not reflected above

Details and values of any benefits in kind,

perks or other remuneration received
from the employer (e.g. Provision of a
car, travel payments, accommodation,
AdvTech Umbrella Pension Fund EE
meal expenses)

Your estimate of your net income from

this employer for the next 12 months 20,090-47

Estimated total of ALL net earned income

from all employment TOTAL H: R 20,090-47

____________________________________
2. FINANCIAL DETAILS
INCOME FROM SELF-EMPLOYMENT, PARTNERSHIP OR
OTHER ASSETS/INVESTMENTS

2.15. You will have already given details of your business and provided the last two
years accounts above. Complete this section giving details of your income from
your business. Complete one page for each business.

Documentation required for attachment to this section:

a) A copy of your last tax assessment or, if that is not available, a letter from your
accountant confirming your tax liability
b) If net income from the last financial year and estimated net income for the next 12
months is significantly different, a copy of management accounts for the period since
your last account

Name of the business

Date of last annual financial statements _____________________________

Your share of gross business profit from the

last completed accounts

Tax payable on your share of gross business

profit above

Net income for that year (using the two

figures directly above, gross business profits
less tax payable)
 Details and value of any dividends, benefits in, kind, perks or other remuneration
received
from this business in the last year
e.g. provision of a car, payment of travel,
accommodation, meal expenses, etc.

Amount of any regular monthly or other

drawings that you take from this business

If the estimated figure directly below is different

from the net income as at the end date of the completed accounts, briefly explain the
reason(s)

Your estimate of your net annual income for the

next 12 months

Estimated TOTAL of ALL net income from self-employment or partnership for the
next 12 months:

TOTAL I: R ___________

2. FINANCIAL DETAILS
INCOME FROM INVESTMENTS

E.G. DIVIDENDS, INTEREST OR RENTAL INCOME

2.16. Details of income received in the last financial year, and your estimate of your
income for the current financial year. Indicate whether the income was paid
gross or net income tax. You are not required to calculate any tax payable that
may airse.
 NATURE OF INCOME PAID INCOME RECEIVED ESTIMATED
AND THE ASSET FROM GROSS IN THE LAST INCOME FOR THE
WHICH IT DERIVED OR NET FINANCIAL YEAR NEXT 12
MONTHS
1
2
3
4
5
6
7
8
9
10

Estimated TOTAL investment income for the next 12 months:

TOTAL J: R __________________
NIL

2. FINANCIAL DETAILS

INCOME FROM STATE BENEFITS

(INCLUDING STATE PENSION, CHILD OR DISABILITY BENEFIT)

2.17. Details of all state benefits that you are currently receiving.

NAME OF BENEFIT AMOUNT FREQUENCY ESTIMATED

PAID OF PAYMENT INCOME FOR THE
NEXT 12 MONTHS
1
2
3
4
5
Estimated TOTAL benefit income for the next 12 months:

TOTAL K: RNIL _________________

2. FINANCIAL DETAILS
ANY OTHER INCOME (INCLUDING LIVING ANNUITIES)

2.18. Details of any other income not disclosed above.

INCLUDE:
Any source including a Pension OR Living Annuity
From which income has been received during the last 12 months (even if
has not ceased)
From which income is likely to be received during the next 12 months

NATURE OF INCOME PAID GROSS INCOME ESTIMATED

OR NET RECEIVED IN INCOME FOR
THE LAST THE NEXT 12
FINANCIAL MONTHS
YEAR
1
2
3
4
5
6

Estimated TOTAL other income for the next 12 months: TOTAL L: RNIL ___________
2. FINANCIAL DETAILS

SUMMARIES

2.19. Summary of your capital

Description Reference of Value

the section on
this
statement
Current value of your interest in the family home A 1,500,000-00 (her half
share)
Current value of interest in all other property B 1,500,000-00 (her half
share)
Current value of your interest in personal assets C
115,000-00
Current value of your interests in business assets E
N/A
Current value of your pension interests F
N/A
Current value of all your other assets G

Total value of your assets (Totals A+B+C+D+E+F) R

Current value of your liabilities G

6,700
Value of your assets LESS the value of your liabilities R
(Totals A to F minus G) 3,108,300-00

2.20. Summary of your income

Description Reference of Value

the section on
this
statement
Estimated net total of income from employment H

Estimated net total of income from self- I 241,085-64

employment or partnership
N/A
 Estimated net total of investment income J
N/A
Estimated state benefits K
N/A
Estimated net total of all other income L
N/A

Estimated TOTAL income (TOTALS H to L) R 241,085-64

3. MAINTENANCE REQUIREMENTS

3.1. Maintenance needs for yourself and for any children living with you or provided
for by you. All figures should be monthly (not annual, termly or weekly) You
must NOT use a combination of these periods. General household expenses
should appear on in the “total” column whereas expenses specific to you or your
children (example school fees) should appear in the appropriate column as well
as in the total column)

EXPENDITURE
Self Child/ren Total
Lodging (bond repayment, levy, rental, board) R11,000-00 / R11,000-00

Food, Groceries & Cleaning Materials R4,000-00 / R4,000-00

Toiletries R300-00 / R300-00

Baby Food / /

House Expenditure:

Rates Rent inclusive /

Water Rent inclusive /

Electricity / Gas / Paraffin Rent inclusive /

Insurance (Householders) Rent inclusive /

Insurance (House Owners) Rent inclusive /

Laundry / Dry Cleaning / /

Lunches / /

Telephone and ADSL Rent inclusive /

Cell Phone R750-00 / R750-00

Domestic Worker R750-00 / R750-00

Gardener Rent inclusive /

Plants / /

Fresh Flowers / /

Swimming Pool and Chemicals & Maintenance / /

Clothing:

Clothing and Shoes R1,000-00 R1,000-00

School Uniforms / /

Sporting Clothing / /

Personal Care:

Hair Care (cuts, colours and treatment) R1,700-00 / R1,700-00

Face Care (eyelashes and facials) R1,000-00 / R1,000-00
Cosmetics and Make-up R500-00 / R500-00

Transport: Car:

Instalments /

Maintenance (services, tyres, Brake pads, etc.) TBC

Fuel R3,000-00 R3,000-00

Licenses R1,000-00 R1,000-00

Insurance /

Taxi (Uber) R1,000-00 R1,000-00

Parking (incl. parking attendants) / /

Other / /

Educational Expenses:

School Fees / /

After School Fees / /

Au Pair / Tutor / /
Crèche / Day Care /

Books

Stationery

Outings

Sports

Extra murals

Other Educational Expenditure (Piano fees) / 1,200-00 1,200

Medical Expenditure:

Medial Aid R3,500-00

Doctor / Dentist / etc. (excess) / /

Medication (excess) R1,500-00 / R1,500-00

Hospital / /

Other Medical Expenditure / /

Insurance:

Life / /

Retirement Annuity R4,000-00 / R4,000-00

Other Policies / /

Pocket Money / Allowances / R1,000-00 R1,000-00

Holidays R1,500-00 / R1,500-00

House Maintenance (plumber, handyman,

electrician, painter) / /

Repair & Replacement of items:

Household Appliances

Kitchenware

Linen, Towels, etc.

Other items
M-Net / DSTV Rent inclusive

Entertainment & Recreation / /

Personal Loans / /

Security Alarm System Rent inclusive

Membership Fees (GYM) R1,000-00 R1,000-00

Religious Contributions

Charities

Gifts

TV Licence R500-00 / R500-00

Reading Material:

Books

Newspapers

Periodicals / Magazines

Instalments for Credit / HP Agreements

(Furniture and Appliances)

Pets:
Dotsure Pet Insurance R142-00 R142-00
Food / /

Vet R2,500-00 R2,500-00

Other (not specified) / /

TOTAL EXPENDITURE R42,842-00

4. OTHER INFORMATION

4.1. Details of any significant changes in your assets or income.

At both section 4.1.1 and 4.1.2, INCLUDE:

 ALL assets held both within and outside South Africa
The disposal of any asset

4.1.1 Significant changes in assets or income during the LAST 12 months.

N/A

4.1.2 Significant changes in assets or income likely to occur during the NEXT 12
months.

N/A

4.2 Brief details of the standard of living enjoyed by you and your spouse during the
marriage. Include details of the types of vehicles you both drive, if any, the
destinations of your last three family holidays, how often you eat out at
restaurants, which shops you buy your groceries at, etc.

The Applicant and the Respondent enjoyed a prosperous standard of living.

The parties prior numerously ate out at dinner and travelled for holidays and leisure.

Respondent supplemented and provided for the bare necessitates over and above the provision made
by the Applicant from her entire income, notwithstanding the Respondent had the means to purchase
more food and household items for the Applicant and the minor child.

The Applicant and the Respondent acquired 2 (two) immovable properties during the subsistence of
the marriage.

4.3 Are there any particular contributions to the family property and assets or
outgoings, or to family life, or the welfare of the family that have been made by
 you, your partner or anyone else that you think should be taken into account? If
there are any such items, briefly describe the contribution and state the amount,
when it was made and by whom.

INCLUDE:
4.3.1 Contributions already made

4.3.2 Contributions that will be made in the foreseeable future

The Applicant contributed to the food supply (as best as she financially could), care and
maintenance of the matrimonial home and the Marloth Park home. The Applicant paid for her own
fuel, medical aid for the family, cell-phone, vet payments and small amounts of pocket money for
the minor child.

The Applicant will continue to contribute to the medical-aid, and undertakes to retain the
Respondent and the minor child on her medical-aid plan.

4.4 Bad behaviour or conduct by the other party will only be taken into account in
the most exceptional circumstances. If you feel it should be taken into account
in your case, identify the nature of the behaviour or conduct below.

The Respondent was verbally, emotionally, financially abusive towards the Applicant.
the Respondent withheld all sense of affection to the Applicant, and treated the Applicant with disdain and contempt, and
further alienated and isolated the Applicant, as she was invisible to the Respondent, and always on her own.

The Respondent made any excuse not to come home to the Applicant, and when they were in each other’s presence there was
silence and awkwardness.

The Respondent had an affair, and the Applicant will not accept or condone the Respondent’s conduct.

4.5 Give details of any other circumstances that you consider could significantly
affect this matter.

INCLUDE (the following list is not exhaustive):

4.5.1 Earning capacity, or limits thereon
4.5.2 Disability
4.5.3 Inheritance prospects
4.5.4 Retrenchment
4.5.5 Retirement
4.5.6 Any plans to marry, form a civil union or live with a new life partner
 4.5.7 Any contingent liabilities

The Applicant does not have any disabilities, inheritance prospects, or plans to marry and nor does she
believe she will be retrenched at any point in time.

The Applicant plans to retire within 10 (ten) years time.

The Applicant’s earning capacity is founded on the basis of her being employed, which she believes
would not affect this matter.

OATH/AFFIRMATION:
I, hereby declare under oath/hereby truly
affirm* that to the best of my knowledge and belief the aforegoing statements are true,
complete and correct.

SIGNED

I, certify that before administering the oath/affirmation*, I asked the deponent the following
questions and wrote down his/her answers in his/her presence:

1. Do you know and understand the contents of the above

declaration? Answer:

2. Do you have any objection to taking the prescribed

oath? Answer:

3. Do you consider the prescribed oath to be binding on your

conscience? Answer:

I, certify that the deponent has acknowledged that s/he knows and understands the contents
of this declaration, which was sworn to/affirmed* before me, and the deponent’s signature
was placed thereon in my presence.

COMMISSIONER OF OATHS

FULL NAME

DESIGNATION (RANK) AND AREA FOR WHICH

APPOINTED ADDRESS:

DATE:
Name and address
of Attorney for
Plaintiff, if
applicable:
Name and address of
attorney for
Defendant, if
Applicable:
Received a copy
hereof on
the following date: