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Marius Scheepers & Company Attorneys |
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Rules for the Conduct
of Proceedings in the Labour Court (updated 01/03)
as promulgated by Government Notice 1665
of 14 October 1996 as amended by Government Notice R961
in Government Gazette 18142 of 11 July 1997 [with effect from 11 July 1997] Government Notice 1100
in Government Gazette 19196 of 4 September 1998 [with effect from 4
September 1998] Government Notice R766
in Government Gazette 22587 of 17 August 2001 [with effect from 20
August 2001] The Rules Board has, in
terms of section 159 (3) of the Labour Relations Act, 1995 (Act 66 of 1995),
made the following rules to regulate the conduct of proceedings in the Labour
Court. TABLE
OF CONTENTS
1. Definitions 2. Office hours and address of registrar 3. Issue of documents and registrar’s duties 4. Service of documents 5. Filing of documents 6. Referrals 7. Applications 8. Urgent relief 9. Appeals to the Labour Court 10. Reviews in chambers 11. Interlocutory applications and procedures not specifically
provided for in other rules 12. Extension of time limits and condonation 13. Withdrawals and postponements 14. Set down of postponed matters 15. Matters struck off the roll 16. Default judgments 17. Consent to orders 18. Heads of argument 19. Submissions by an amicus curiae 20. Partnerships, firms and associations 21. Representation of parties 22. Joinder of parties, intervention as applicant or respondent,
amendment of citation and substitution of parties 23. Consolidation of proceedings 24. Costs 25. Taxation 26. Service and enforcement of court orders 27. Oath of office of interpreter 28. Labour Court as court of record 29. Witness fees 30. Application for leave to appeal to the Labour Appeal Court 31. Sworn translators 32. Subpoenas 33. Commencement of rules Forms 1 Definitions Any expression in
these rules that is defined in the Labour Relations Act, 1995 (Act 66 of
1995), has the same meaning as in that Act and- ‘Act’ means the
Labour Relations Act, 1995 (Act 66 of 1995), and includes any regulation made
in terms of that Act; ‘association’
means any unincorporated body of persons; ‘court’
means the Labour Court established by section 151 of the Act and includes any
judge of the court; ‘day’
means any day other than a Saturday, Sunday or public holiday, and when any
particular number of days is prescribed for the doing of any act, the number
of days must be calculated by excluding the first day and including the last
day; [Definition of ‘day’
amended by GN 1100 of 4 September 1998.] ‘deliver’ means
serve on other parties and file with the registrar; ‘firm’
means a business carried on by a sole owner or body corporate under a
separate name; ‘Judge President’
means the Judge President of the court; ‘notice’ means a
written notice, and ‘notify’ means to notify in writing; ‘party’
means any party to court proceedings and includes a person representing a
party in terms of section 161 of the Act; ‘public
holiday’ means a public holiday referred to in section 1 of the Public
Holidays Act, 1994 (Act 36 of 1994); ‘registrar’
means the registrar of the court appointed in terms of section 155 (1) of the
Act and includes any deputy registrar or other person authorised to act in
the place of the registrar or deputy registrar; ‘rules’ means
these rules and includes any footnote to a rule; and ‘serve’
means to serve in accordance with rule 4 (1), and ‘service’ has a
corresponding meaning. 2 Office hours and address of registrar (1) The office of the registrar is at - Sixth and Seventh Floors Arbour Square Building corner of Juta and Melle
Streets BRAAMFONTEIN 2001. (2) Branch offices of the registrar are at - First Floor Twinell House 112 Long Street CAPE TOWN 8001. Fourth Floor ICL House 480 Smith Street DURBAN 4001. First Floor Auto and General Towers 190 Govan Mbeki Avenue PORT ELIZABETH 6001. [Subrule (2) amended by
GN 1100 of 4 September 1998.] (3) The office and branch offices of the registrar will be open every
Monday to Friday, excluding public holidays, from 08:00 to 13:00 and from
14:00 to 15:30. (4) Despite subrule (3), either the court or the registrar may direct
that any document be filed on any day and at any time. 3 Issue of documents and registrar’s duties (1) Any party initiating any proceedings must apply for a case number
before serving any documents. The application for a case number must be made
to the registrar in the registrar’s office or by fax. If the application is
made by fax, Form 1 must be used. (2) The registrar must assign consecutive case numbers to all
documents that initiate proceedings. Proceedings initiated at any of the
branch offices must be assigned the consecutive case numbers of that office. (3) The registrar must ensure that every document subsequently filed
in respect of the same proceedings is marked with the same case number. (4) The registrar can refuse to accept a document from any party if
the document is not properly marked with the case number assigned by the
registrar. (5) The registrar may request a party to correct any patent defect or
error in any document that is filed. (6) If a party refuses to correct any document after a request by the
registrar in terms of subrule (5), the registrar must send the document to a
judge in chambers for a direction. (7) The registrar must keep the court’s records and must not allow
them to leave the court building without prior authorisation by the registrar. 4 Service of documents (1) A document
that is required to be served on any person may be served in any one of the
following ways, namely - (a)(i) by handing a copy of the document to the
person; (ii) by leaving a copy of the document at the person’s place of
residence or business with any other person who is apparently at least 16
years old and in charge of the premises at the time; (iii) by leaving a copy of the document at the
person’s place of employment with any person who is apparently at least 16
years old and apparently in authority; (iv) by faxing a copy of the document to the person, if the person has
a fax number; (v) by handing a copy of the document to any representative
authorised in writing to accept service on behalf of the person; (vi) if the person has chosen an address or fax number for service, by
leaving a copy of the document at that address or by faxing it to that fax
number; (vii) by sending a copy of
the document by registered post to the last-known address of the party concerned,
and, unless the contrary is proved, it will be presumed that service was
effected on the seventh day following the day on which the document was
posted. [Sub-para. (vii) added
by GN R961 of 11 July 1997.] (b)(i) if the person is a company or other body
corporate, by serving a copy of the document on a responsible employee of the
company or body corporate at its registered office or its principal place of
business within the Republic, or its main place of business within the
magisterial district in which the dispute first arose or, if there is no
employee willing to accept service, by affixing a copy of the document to the
main door of the office or place of business; (ii) if the person is a trade union or employers’ organisation, by
serving a copy of the document on a responsible employee who at the time of
service is apparently in charge of the main office of the union or employers’
organisation or the union’s or employers’ organisation’s office within the
magisterial district in which the dispute first arose, at that office of the
union or employers’ organisation or, if there is no person willing to accept
service, by affixing a copy of the document to the main door of that office; (iii) if the person is a partnership, firm or
association, by serving a copy of the document on a person who at the time of
service is apparently in charge of the premises and apparently at least 16
years of age, at the place of business of such partnership, firm or
association or, if such partnership, firm or association has no place of
business, by serving a copy of the document on a partner, the owner of the
firm or the chairman or secretary of the managing or other controlling body
of such association, as the case may be; (iv) if the person is a municipality, by serving a copy of the document
on the town clerk, assistant town clerk or any person acting on behalf of
that person; (v) if the person is a statutory body, by serving a copy on the
secretary or similar officer or member of the board or committee of that
body, or any person acting on behalf of that body; (vi) if the person is the State or a province, by serving a copy on a
responsible employee in any office of the State Attorney; or © by any other means authorised by the
court. (2) Service is
proved in court in any one of the following ways -
(a) by an affidavit by the person who effected service; (b) if service was effected by fax, by an affidavit of the person who
effected service, which must provide proof of the correct fax number and
confirmation that the whole of the transmission was completed; (c) if the person on whom the document has been served is already on
record as a party, by a signed acknowledgement or receipt by the party on
whom the document was served; of [Para. © amended by
GN 1100 of 4 September 1998.] (d) by return of the Sheriff; (e) by producing the certificate issued by the post office for the
posting of the registered letter and an affidavit that the letter posted
contained the document concerned. [Para. (e) added by
GN R 961 of 11 July 1997.] (3) If the
court is not satisfied that service has taken place in accordance with this
rule, it may make any order as to service that it deems fit.
5 Filing of documents (1) Documents may be filed with the registrar in any one of the
following ways, namely - (a) by handing the document to the registrar; (b) by sending a copy of the document by registered post; or (c) by faxing the document. (2) A document is filed with the registrar - (a) on the date on which the document is handed to the registrar; (b) on the date on which the document sent by registered post was
received by the registrar; or (c) on completion of the whole of the transmission of the fax. (3) The original document must be lodged with the registrar. In the
case of filing by faxing the document, the original document must be lodged
within 5 days of it being faxed. [Subrule (3) amended by
GN 1100 of 4 September 1998.] 6 Referrals 1 Statement
of claim
(1) A document
initiating proceedings, known as a ‘statement of claim’, may follow the form
set out in Form 2 and must -
(a) have a heading containing the following information: (i) The title of the matter; (ii) the case number assigned by the registrar to the matter; (iii) an address of the party delivering the
document at which that party will accept notices and service of all documents
in the proceedings; and (iv) a notice advising the other party that if that party intends
opposing the matter, a response must be delivered in terms of subrule (3)
within 10 days of service of the statement of claim, failing which the matter
may be set down for default judgment and an order for costs may be granted
against that party; [Sub-para. (iv)
substituted by GN R 961 of 11 July 1997 and amended by GN 1100 of 4 September
1998.] (b) have a substantive part containing the following information: (i) The names, description and addresses of the parties; (ii) a clear and concise statement of the material facts, in
chronological order, on which the party relies, which statement must be
sufficiently particular to enable any opposing party to reply to the
document; (iii) a clear and concise statement of the legal
issues that arise from the material facts, which statement must be
sufficiently particular to enable any opposing party to reply to the document;
and (iv) the relief sought; (c) be signed by the party to the proceedings; (d) express all dates, sums and numbers contained in the document in
figures; (e) be accompanied by a schedule listing the documents that are
material and relevant to the claim; and [Para. (e) amended
by GN 1100 of 4 September 1998.] (f) be delivered. [Para. (f) inserted by
GN 1100 of 4 September 1998.] (2) In the
case of referral by the director of the Commission in terms of section 191
(6) of the Act -
(a) the party who applied for the referral by the director must
deliver the statement of claim within 10 days of the date on which the
director notified the party of the referral of the dispute to the court; and [Para. (a) amended
by GN 1100 of 4 September 1998.] (b) the statement of claim must include a copy of the application for
the referral. Response
(3)(a) Any party on whom
a statement of claim is served may deliver a response to that statement. (b) The response must, with the changes required by the context,
contain the same information required by subrule (1). (c) A response must be delivered within 10 days of the date on which
the statement of claim is delivered. [Para. © amended by
GN 1100 of 4 September 1998.] Pre-trial
conference by parties
(4)(a) When a response
is delivered, the parties to the proceedings must hold a pre-trail conference
in terms of paragraph (b) within 10 days of the date of delivery of the
response. [Para. (a) substituted
by GN R961 of 11 July 1997 and amended by GN 1100 of 4 September 1998.] (b) In a pre-trial
conference, the parties must attempt to reach consensus on the following: (i) Any means by which the dispute may be settled; (ii) facts that are common cause; (iii) facts that are in dispute; (iv) the issues that the court is required to decide; (v) the precise relief claimed and if compensation is claimed the
amount of the compensation and how it is calculated; (vi) discovery and the exchange of documents, and the preparation of a
paginated bundle of documentation in chronological order; (vii) the manner in which documentary
evidence is to be dealt with, including any agreement on the status of
documents and whether documents, or parts of documents, will serve as
evidence of what they purport to be; (viii) whether evidence on affidavit will be
admitted with or without the right of any party to cross-examine the
deponent; (ix) which party must begin; (x) the necessity for any on-the-spot inspection; (xi) securing the presence at court of any witness; (xii) the resolution of any preliminary
points that are intended to be taken; (xiii) the exchange of witness statements; (xiv) expert evidence; (xv) any other means by which the proceedings may be
shortened; (xvi) an estimate of the time required
for the hearing; and (xvii) whether an interpreter is required
and if so for which languages. [Para. (b) substituted
by GN 1100 of 4 September 1998.] (c) If the matter has not been settled, the parties must draw up and
sign a minute dealing with the matters set out in paragraph (b) . (d) The party initiating the proceedings must ensure that a copy of
the minute is delivered within 5 days of the conclusion of the pre-trial
conference. [Para. (d) amended
by GN 1100 of 4 September 1998.] Judge’s
directions
(5) When the minute of a pre-trial conference is delivered or the time
limit for its delivery lapses, whichever occurs first, the registrar must
send the file to a judge of the court for directions in terms of this
subrule. The judge who receives the file from the registrar may - (a) direct the registrar to enrol the matter for hearing if the judge
is satisfied that the matter is ripe for hearing; or (b) direct that an informal conference be held before a judge in
chambers to deal with any pre-trial matters; or (c) direct the parties to convene a further formal pre-trial
conference at a date, time and place fixed by the registrar, at which a judge
must preside, to deal with any pre-trial matters. Judge’s
powers on pre-trial matters
(6) A judge may, at a pre-trial conference held in terms of subrule
(5) (b) or (5) (c) , make any appropriate order for the further conduct of
proceedings, including an order as to costs. Non-compliance with
subrules (4), (5) and (6) (7) If any party fails to attend any pre-trial conference convened in
terms of subrule (4) (a), (5) (b) or (5) (c), or fails to comply with any
direction made by a judge in terms of subrules (5) and (6), the matter may be
enrolled for hearing on the direction of a judge and the defaulting party
will not be permitted to appear at the hearing unless the court on good cause
shown orders otherwise. Enrolment
for hearing
(8)(a) When a judge
decides that any directions given in terms of this rule have been satisfied,
the judge must direct the registrar to enrol the matter for a hearing. (b) When the registrar
receives a direction in terms of paragraph (a) , the registrar must enrol the
matter and notify the parties of the time, date and place that has been
allocated for the hearing. Discovery
of documents
(9)(a) A document or
tape recording not disclosed may not, except with the leave of the court
granted on whatever terms the court deems fit, be used for any purpose at the
hearing by the person who was obliged to disclose it, except that the
document or tape recording may be used by a person other than the person who
was obliged to disclose it. (b) If the parties
cannot reach an agreement regarding the discovery of documents and tape
recordings, either party may apply to the court for an appropriate order,
including an order as to costs. (c) For the purpose of this rule, a tape recording includes a
soundtrack, film, magnetic tape, record or any other materials on which
visual images, sound or other information can be recorded. Expert
witnesses
(10)(a) Any party
intending to call an expert witness must deliver a notice to that effect,
together with a summary of the evidence and opinion of the expert witness, at
least 15 days before the date of hearing. [Para. (a) substituted
by GN 1100 of 4 September 1998.] (b) If a party fails to
comply with paragraph (a) the court may decline to admit the evidence, or
admit it only on good cause shown, and may make an order as to costs. 7 Applications 2 (1) An application must be brought on notice to all persons who have
an interest in the application. (2) The notice of application must substantially comply with Form 4
and must be signed by the party bringing the application. The application
must be delivered and must contain the following information- (a) the title of the matter; (b) the case number assigned to the matter by the registrar; (c) the relief sought; (d) an address of the party delivering the document at which that
party will accept notices and service of all documents in the proceedings; (e) a notice advising the other party that if it intends opposing the
matter, that party must deliver an answering affidavit within 10 days after
the application has been served, failing which the matter may be heard in the
party’s absence and an order of costs may be made; and [Para. (e) amended
by GN 1100 of 4 September 1998.] (f) a schedule listing the documents that are material and relevant
to the application. [Subrule (2)
substituted by GN R961 of 11 July 1997.] (3) The application must be supported by affidavit. The affidavit must
clearly and concisely set out - (a) the names, description and addresses of the parties; (b) a statement of the material facts, in chronological order, on
which the application is based, which statement must be sufficiently
particular to enable any person opposing the application to reply to the document; (c) a statement of the legal issues that arise from the material
facts, which statement must be sufficiently particular to enable any party to
reply to the document; and (d) the relief sought. (4)(a) A notice of
opposition and an answering affidavit may be delivered by any party opposing
the application. (b) A notice of opposition and an answering affidavit must be
delivered within 10 days from the day on which the application is served on
the party opposing the application. [Para. (b) amended
by GN 1100 of 4 September 1998.] (c) A notice of opposition and an answering affidavit must
respectively contain, with the changes required by the context, the same
information required by subrules (2) and (3). (5)(a) The party
initiating the proceedings may deliver a replying affidavit within 5 days
from the day on which any notice of opposition and answering affidavit are
delivered. [Para. (a) amended
by GN 1100 of 4 September 1998.] (b) The replying
affidavit must address only those issues raised in the answering affidavit
and may not introduce new issues of fact or of law. (6)(a) The
registrar must allocate a date for the hearing of the application once a
replying affidavit is delivered, or once the time limit for delivering a
replying affidavit has lapsed, whichever occurs first. (6)(b) The
registrar must notify the parties of the date, time and place for the hearing
of the application but need not notify a respondent who has not delivered an
answering affidavit in support of its opposition of the application. [Para. (b) added by
GN 1100 of 1998 and substituted by GN R766 of 17 August 2001.] (6A) An application
to make a settlement agreement or arbitration award an order of court which
is unopposed must be enrolled by the registrar on notice to the applicant.
The court may make any competent order in the absence of the parties. [Subrule (6A)
inserted by GN 1100 of 4 September 1998 and substituted by GN R766 of 17
August 2001.] (7) ...... [Subrule (7) deleted by
GN 1100 of 4 September 1998.] (7)
The court must deal with an application in any manner it deems fit, which may
include - (a) an order to hold a pre-trial conference; (b) referring a dispute for the hearing of oral evidence; and (c) an order as to costs. [Subrule (8) renumbered
as (7) by GN 1100 of 4 September 1998.] (9) ...... [Subrule (9) deleted by
GN 1100 of 4 September 1998.] [Rule 7 amended by GN
R961 of 11 July 1997.] 7A Reviews 3 (1) A party desiring to review a decision or proceedings of a body or
person performing a reviewable function justiciable by the court must deliver
a notice of motion to the person or body and to all other affected parties. (2) The notice of motion must - (a) call upon the person or body to show cause why the decision or
proceedings should not be reviewed and corrected or set aside; (b) call upon the person or body to dispatch, within 10 days after
receipt of the notice of motion, to the registrar, the record of the
proceedings sought to be corrected or set aside, together with such reasons
as are required by law or desirable to provide, and to notify the applicant
that this has been done; and (c) be supported by an affidavit setting out the factual and legal
grounds upon which the applicant relies to have the decision or proceedings
corrected or set aside. (3) The person or body upon whom a notice of motion in terms of
subrule (2) is served must timeously comply with the direction in the notice
of motion. (4) If the person or body fails to comply with the direction or fails
to apply for an extension of time to do so, any interested party may apply,
on notice, for an order compelling compliance with the direction. (5) The registrar must make available to the applicant the record
which is received on such terms as the registrar thinks appropriate to ensure
its safety. The applicant must make copies of such portions of the record as
may be necessary for the purposes of the review and certify each copy as true
and correct. (6) The applicant must furnish the registrar and each of the other
parties with a copy of the record or portion of the record, as the case may
be, and a copy of the reasons filed by the person or body. (7) The costs of transcription of the record, copying and delivery of
the record and reasons, if any, must be paid by the applicant and then become
costs in the cause. (8) The applicant must within 10 days after the registrar has made the
record available either- (a) by delivery of a notice and accompanying affidavit, amend, add to
or vary the terms of the notice of motion and supplement the supporting affidavit;
or (b) deliver a notice that the applicant stands by its notice of
motion. (9) Any person wishing to oppose the granting of the order prayed in
the notice of motion must, within 10 days after receipt of the notice of
amendment or notice that the applicant stands by its notice of motion,
deliver an affidavit in answer to the allegations made by the applicant. (10) The applicant may file a replying affidavit within 5
days after receipt of an answering affidavit. [Rule 7A inserted by GN
1100 of 4 September 1998.] 8 Urgent relief (1) A party that applies for urgent relief must file an application
that complies with the requirements of rules 7 (1), 7 (2), 7 (3) and, if
applicable, 7 (7). (2) The affidavit in support of the application must also contain - (a) the reasons for urgency and why urgent relief is necessary; (b) the reasons why the requirements of the rules were not complied
with, if that is the case; and (c) if a party brings an application in a shorter period than that
provided for in terms of section 68 (2) of the Act, the party must provide
reasons why a shorter period of notice should be permitted. (3) The party bringing the application must sign the application. (4) The registrar must fix a date, time and place for the hearing of
the application. (5) As soon as the registrar has allocated a date, time and place for
the hearing, the party bringing the application must serve a copy of the
application, together with the information obtained from the registrar, on
the respondent. (6) The party bringing the application must satisfy the court when the
application is heard that a copy of the application has been served on the respondent or that sufficient and
adequate notice of the content of the application was brought to that party’s
attention by other means. (7) Any party who intends opposing the application or making any
representations concerning the application must notify the registrar and the
party bringing the application, as soon as possible after the application has
come to that party’s notice. (8) Any party who has notified the registrar in terms of subrule (7)
may appear before the court and be heard at the hearing, except that at any
stage of the proceedings, on good cause shown, the court may allow any person
who is cited as a party but who failed to notify the registrar as required by
subrule (7), to appear to be heard on whatever terms the court may decide. (9) The court must deal with an urgent application in any manner it
deems fit, and may make an order as to costs. (10) Unless otherwise
ordered a respondent may anticipate the return date of an interim interdict
on not less than 48 hours’ notice to the applicant and the registrar. [Subrule (10) added by
GN R961 of 11 July 1997.] 9 Appeals to the Labour Court 4 (1) Appeals must be noted by filing a notice of appeal with the
registrar. (2) Unless an Act otherwise provides, the notice of appeal must be
filed within 10 days of the date on which the person filing the notice of
appeal is notified of the decision that is the subject of the appeal. [Subrule (2)
amended by GN 1100 of 4 September 1998.] (3) A copy of the notice of appeal must be served on all interested
parties. (4) The notice of appeal must set out - (a) the particulars of the decision that is the subject of the appeal; (b) the findings of fact that are appealed against; and (c) the conclusions of law that are appealed against. (5) The notice of appeal must, in addition, contain a notice calling
upon the responsible person or body whose decision is under appeal, to provide
a written record of the proceedings, and the reasons for the decision, within
15 days of the delivery of the notice of appeal. [Subrule (5)
amended by GN 1100 of 4 September 1998.] (5A)(a) The person
or body upon whom a notice of appeal in terms of subrule (3) is served must
timeously comply with the direction in the notice of appeal. (b) If the person
or body fails to comply with the direction or fails to apply for an extension
of time to do so, any interested party may apply, on notice, for an order compelling
compliance with the direction. (c) The registrar must make available to the appellant the record
which is received on such terms as the registrar thinks appropriate to ensure
its safety. The appellant must make copies of such portions of the record as
may be necessary for the purposes of the review and certify each copy as true
and correct. (d) The appellant must furnish the registrar and each of the other
parties with a copy of the record or portion of the record, as the case may
be, and a copy of the reasons filed by the person or body. (e) The costs of transcription of the record, copying and delivery of
the record and reasons, if any, must be paid by the applicant and then become
costs in the cause. [Subrule (5A) inserted
by GN 1100 of 4 September 1998.] (6) The appellant must deliver concise written representations in
respect of the appeal within 10 days of receipt of the written record and
reasons. (7) The respondent in an appeal may deliver concise written
representations in respect of the appeal within 10 days of delivery of
appellant’s written representations in terms of subrule (6). [Subrules (6) and
(7) amended by GN 1100 of 4 September 1998.] (8) When the registrar receives representations delivered in terms of
subrule (7) or the time limit for delivering these representations lapses,
whichever occurs first, the registrar must allocate a date for the hearing of
the appeal. 10 Reviews in chambers 5 (1) Reviews must be noted by filing a notice to review. (2) The notice to review must be filed within 10 days of the decision
that is the subject of the review. [Subrule (2)
amended by GN 1100 of 4 September 1998.] (3) A copy of the notice to review must be served on all interested
parties. (4) The notice to review must set out - (a) the particulars of the decision that is the subject of the review; (b) the factual grounds of review; and (c) the legal grounds of review. (5) On receipt of a notice to review the registrar must as soon as
possible - (a) draw up a stated case of the facts; (b) give reasons for the decision; and (c) provide all interested parties with copies of the stated case and
reasons. (6) On receipt of a copy of the registrar’s stated case and reasons,
the applicant must within seven days deliver concise written representations
in respect of the review. (7) Any party on whom a notice to review has been served may, within 5
days of delivery of the applicant’s representations in terms of subrule (6),
deliver concise written representations in respect of the review. [Subrule (7)
amended by GN 1100 of 4 September 1998.] (8) When the registrar receives representations delivered in terms of
subrule (7) or the time limit for delivery of representations lapses,
whichever occurs first, the review must be placed before a judge in chambers
for decision. 11 Interlocutory applications and procedures not specifically
provided for in other rules (1) The following applications must be brought on notice, supported by
affidavit: (a) Interlocutory applications; (b) other applications incidental to, or pending, proceedings referred
to in these rules that are not specifically provided for in the rules; and (c) any other applications for directions that may be sought from the
court. [Para. © amended by GN
1100 of 4 September 1998.] (2) The requirement in subrule (1) that affidavits must be filed does
not apply to applications that deal only with procedural aspects. (3) If a situation for which these rules do not provide arises in
proceedings or contemplated proceedings, the court may adopt any procedure
that it deems appropriate in the circumstances. (4) In the exercise of its powers and in the performance of its
functions, or in any incidental matter, the court may act in a manner that it
considers expedient in the circumstances to achieve the objects of the Act. 12 Extension of time limits and condonation (1) The court may extent or abridge any period prescribed by these
rules on application, and on good cause shown, unless the court is precluded
from doing so by an Act. (2) If a party fails to comply with any notice or direction given in
terms of these rules, any interested party may apply on notice for an order
that the notice or direction be complied with within a period that may be
specified, and that failing compliance with the order, the party in default
will not be entitled to any relief in the proceedings. [Subrule (2)
amended by GN 1100 of 4 September 1998.] (3) The court may, on good cause shown, condone non-compliance with
any period prescribed by these rules. 13 Withdrawals and postponements (1)(a) A party who
has initiated proceedings and wants to withdraw the matter must deliver a
notice of withdrawal as soon as possible. [Subrule (1)
renumbered as (1) (a) by GN 1100 of 4 September 1998.] (b) If costs are
not tendered any other party may apply on notice for costs. [Para. (b) inserted by
GN 1100 of 4 September 1998.] (2)
If the parties reach a settlement, the party who initiated the proceedings
must notify the registrar of the settlement as soon as possible. (3) If the parties agree to postpone the hearing, the party initiating
the proceedings must notify the registrar as soon as possible. 14 Set down of postponed matters (1) If a matter is postponed to a date to be determined in the future,
any party to the matter may apply to the registrar for it to be re-enrolled,
but no preference may be given to that matter on the roll, unless the court
orders otherwise. (2) The registrar must allocate a time, date and place for hearing and
send a notice of set down to each party. (3) If a matter is postponed in court to a specific date, the
registrar need not send a notice of set down to the parties. 15 Matters struck off the roll (1) If a matter is struck off the roll because a party who initiated
the proceedings was not present, the matter may not be re-enrolled without
that party having provided the court with a satisfactory explanation, under
oath or affirmation, for the failure to attend court. (2) The affidavit or affirmation must be delivered and the registrar
must place it before a judge in chambers, to decide whether the matter may be
re-enrolled. (3) The judge before whom the affidavit or affirmation is placed may
order that an application for re-enrolment be made. In that event, the
application must comply with rule 11. 16 Default judgments (1) If no response has been delivered within the prescribed time
period or any extended period granted by the court within which to deliver a
response, the registrar must, on notice to the applicant(s), enrol a matter
for judgment by default. (a) and (b) ...... [Paras. (a) and (b)
deleted by GN 1100 of 4 September 1998.] [Subrule (1) substituted
by GN R961 of 11 July 1997 and by GN R766 of 17 August 2001.] (2) Subrule (1) does not apply if the party initiating the proceedings
instructs the registrar not to enrol the matter for judgment by default. [Subrule (2)
amended by GN 1100 of 4 September 1998.] (3) If a matter has been enrolled for default judgment, the person
initiating the proceedings may request the registrar to have the matter
removed from the roll if the matter has been settled or an extension of time
has been granted. (4) If the registrar receives a request in terms of subrule (3), the
registrar must remove the matter from the roll. 16A
(1) The court
may, in addition to any other powers it may have-
(a) of its own motion or on application of any party affected, rescind
or vary any order or judgment- (i) erroneously sought or erroneously granted in the absence of any
party affected by it; (ii) in which there is an ambiguity or a patent error or omission, but
only to the extent of such ambiguity, error or omission; (iii) granted as the result of a mistake common to
the parties, or (b) on application of any party affected, rescind any order or
judgment granted in the absence of that party. (2) Any party
desiring any relief under-
(a) subrule 1 (a) must apply for it on notice to all parties whose
interests may be affected by the relief sought. (b) subrule 1 (b) may within 15 days after acquiring knowledge of an
order or judgment granted in the absence of that party apply on notice to all
interested parties to set aside the order or judgment and the court may, upon
good cause shown, set aside the order or judgment on such terms as it deems
fit. [Rule 16A inserted by GN
1100 of 4 September 1998.] 17 Consent to orders (1) A party who opposes any proceedings may at any time consent to the
whole or any part of the relief sought in the proceedings. (2) The consent referred to in subrule (1) must be in writing, signed
and dated by the party consenting to the relief, and witnessed. (3) When the party who initiated the proceedings receives the consent,
that party may apply to the registrar in writing for an order to be made by a
judge in chambers in accordance with the consent. 18 Heads of argument (1) The court may at any time call on the parties to deliver concise
heads of argument on the main points that they intend to argue. (2) The heads of argument must- (a) include a chronology of the material facts; (b) in its first reference to a factual allegation contain a page and
paragraph or line reference to the record or bundle of documents; (c) include a list of the authorities referred to in the heads of
argument; (d) in its first reference to a text book specify the author, title,
edition and page number (in that order for example: Smith, Labour Law, 2nd
ed, 44); and (e) in its first reference to a reported case must contain the full
name of the case, the year, volume, commencement page, division of the court,
and page and margin reference to which specific reference is made (for
example: National Union of Hotel Workers Smith (Pty) Ltd 1990 1 SA 127 (A)
130 (D); Jones v Clark (Pty) Ltd a.o. (1990) 15 ILJ 1010 (LAC) 1031D). [Rule 18 substituted by
GN 1100 of 4 September 1998.] 19 Submissions by an amicus curiae (1) Any person interested in any proceedings before the court may, on
application to the Judge President or any judge authorised by the Judge
President, be admitted to the proceedings as an amicus curiae on the terms
and conditions and with the rights and privileges determined by the Judge
President or any judge authorised to deal with the matter. (2) The terms and conditions and rights and privileges referred to in
subrule (1) may be amended in accordance with directions given by the Judge
President or the judge authorised to deal with the matter. (3) An application in terms of subrule (1) must be made not later than
15 days before the date of hearing. [Subrule (3)
amended by GN 1100 of 4 September 1998.] (4) An application to be admitted as an amicus curiae must - (a) briefly describe the interest of the amicus curiae in the
proceedings; (b) briefly identify the position to be adopted by the amicus curiae
in the proceedings; and (c) clearly, succinctly and without unnecessary elaboration set out
the submissions to be advanced by the amicus curiaer), their relevance to the
proceedings and that person’s reasons for believing that the submissions will
be useful to the court and different from those of the other parties. (5) An amicus curiae has the right to lodge written argument, provided
that the written argument - (a) is clear, succinct and without unnecessary elaboration; (b) does not repeat any matter described in the argument of the other
parties; and (c) raises new contentions that may be useful to the court. (6) In the event of new matters or arguments being raised by the
amicus curiae, any other party will have the right to file written argument
within seven days from the date on which the argument of the amicus curiae
was served on those parties. (7) An order of court dealing with costs may make provision for the
payment of the intervention of the amicus curiae. 20 Partnerships, firms and unincorporated associations (1) A partnership, firm or unincorporated association may be a party
to any proceedings in its own name and proceedings may be initiated against
it by any other party. (2) A party in proceedings against a partnership, firm or
unincorporated association need not allege the names of the partners, owner,
members or office-bearers. (3)(a) Any party to
proceedings, initiated by or against a partnership, firm or unincorporated
association, may notify the other party to provide it within 10 days of the
of service of the notice with the names and addresses of the partners, owner,
members or office-bearers of the partnership, firm or unincorporated
association and a copy of its constitution at the date on which the cause of
the proceedings arose. (b) A partnership,
firm or unincorporated association that has been served with a notice in
terms of paragraph (a) must comply with it within the specified period. (c) Once the necessary information has been furnished, the partners,
owner, members become parties to the proceedings. (d) In the event of a dispute about the identity of a partner, owner,
member or officebearer the court may, on application, decide the issue. (4) If proceedings are instituted against a partnership, firm or
unincorporated association and it appears that since the cause of the
proceedings it has been dissolved, the proceedings continue against the
persons alleged to be or stated by the partnership, firm or association to be
partners or members. (5) Execution in respect of a judgment against a partnership, firm or
unincorporated association must first be levied against its assets and, after
excussion, against the private assets of any person held to be or estopped
from denying being a partner or member as if judgment had been entered
against that person. [Rule 20
substituted by GN 1100 of 4 September 1998.] 21 Representation of parties (1) A representative who acts on behalf of any party in any
proceedings, must notify the registrar and all other parties, advising them
of the following particulars: (a) The representative’s name; (b) the postal address and place of employment or business; and (c) if a fax number and telephone number are available, those
numbers. (2) Any party who terminates a representative’s authority to act and
then acts in person or appoints another representative, must give notice to
the registrar and all other parties concerned of that termination, and of the
appointment of any other representative, and include the representative’s
particulars, as referred to in subrule (1). (3) On receipt of a notice in terms of subrule (1) or (2), the address
of the representative or the party, as the case may be, will become the
address for notices to and for service on that party of all documents in the
proceedings, but any notice duly sent or any service duly effected elsewhere
before receipt of that notice will, notwithstanding that change, for all
purposes be valid, unless the court orders otherwise. (4)(a) A representative
in any proceedings who ceases to act for a party must deliver a notice to
that effect to that party and all other parties concerned. (b)
A notice delivered in terms of paragraph (a) must state the names and
addresses of the parties that are notified. (c) After receipt of a notice referred to in paragraph (a) , the
address of the party formerly represented becomes the address for notices to
and for service on that party of all documents in the proceedings, unless a
new address is furnished for that purpose. 22 Joinder of parties, intervention as applicant or respondent,
amendment of citation and substitution of parties (1) The court may join any number of persons, whether jointly, jointly
and severally, separately, or in the alternative, as parties in proceedings,
if the right to relief depends on the determination of substantially the same
question of law or facts. (2)(a) The court may,
of its own motion or on application and on notice to every other party, make
an order joining any person as a party in the proceedings if the party to be
joined has a substantial interest in the subject matter of the proceedings. (b) When making an
order in terms of paragraph (a) , the court may give such directions as to
the further procedure in the proceedings as it deems fit, and may make an
order as to costs. (3) Any person entitled to join as a party in any proceedings may, on
notice to all parties, at any stage of the proceedings, apply for leave to
intervene as a party and the court may make an order, including any order as
to costs, or give such directions as to the further procedure in the
proceedings as it deems fit. (4) If a party to any proceedings has been incorrectly or defectively
cited, the court may, on application and on notice to the party concerned,
correct the error or defect and may make an order as to costs. (5) If in any proceedings it becomes necessary to substitute a person
for an existing party, any party to such proceedings may, on application and
on notice to every other party, apply to the court for an order substituting
that party for an existing party and the court may make such order, including
an order as to costs, or give such directions as to the further procedure in
the proceedings as it deems fit. (6) An application to join any person as a party to the proceedings or
to be substituted for an existing party must be accompanied by copies of all
documents previously delivered, unless the person concerned or that person’s
representative is already in possession of those documents. (7) No joinder or substitution in terms of this rule will affect any
prior steps taken in the proceedings. 22A Offer of settlement (1) If a sum of money or the performance of some act is claimed in any
proceedings, any party against whom the claim is made may at any time make an
offer, in writing, to settle the claim or to perform the act. (2) Notice of any offer in terms of this rule must be signed by the
party who makes it and delivered to all other parties to the proceedings. The
notice must state- (a) whether it is unconditional or without prejudice as an offer of
settlement; (b) whether it is accompanied by an offer to pay all or only part of the
costs of the party to whom the offer is made; (c) whether the offer is made by way of settlement of both claim and
costs or of the claim only; or (d) whether the other party disclaims liability for the payment of
costs or part of the costs, in which case the reasons must be given. (3) An applicant may accept any offer made in terms of subrule (2) by
delivering a notice of acceptance of the offer. The notice must be delivered
within 10 days after the receipt of the offer, or thereafter with the written
consent of the other party or in terms of an order of court. (4) In the event of a failure to pay or to perform within 5 days after
delivery of the notice of acceptance of the offer, the party entitled to
payment or performance may, on 5 days’ written notice to the party who has
failed to pay or perform, apply for judgment in accordance with the offer,
and for the costs of the application. (5) If an offer accepted in terms of this rule is not stated to be in
satisfaction of an applicant’s claim and costs, the party to whom the offer
is made may apply to the court, on 5 days’ written notice to the other party,
for an order for costs. [Subrules (3), (4)
and (5) amended by GN 1100 of 4 September 1998.] (6) An offer made in terms of this rule is not a secret offer or
tender and may be disclosed to the court at any time. (7) An offer may be taken into account by the court in making an order
for costs. [Rule 22A inserted
by GN R961 of 11 July 1997.] 22B Pagination (1) In all opposed proceedings, including applications for urgent
relief, the documents that are filed with the registrar must be paginated by
the party initiating the proceedings. (2) The party initiating the proceedings must compile and deliver an
index before the matter is heard. (3) The parties must ensure that their copies of the documents filed
with the registrar are paginated in accordance with the index. [Rule 22B inserted by GN
R961 of 11 July 1997.] 23 Consolidation of proceedings (1) The court may make an order consolidating any separate proceedings
pending before it if it deems the order to be expedient and just. (2) The court may make an order referred to in subrule (1) of its own
motion or on application by any interested party. 24 Costs (1) The fees of one advocate and one attorney may be allowed between
party and party, unless the court on application authorises the fees of
additional advocates and attorneys. (2) The fees of any additional advocate authorised in terms of subrule
(1) must not exceed one half of those of the first advocate, unless the court
directs otherwise. (3) The costs between party and party allowed in terms of a judgment
or order of the court, or any agreement between the parties, must be
calculated and taxed by the taxing master at the tariff determined by the
order or agreement, but if no tariff has been determined, the tariff
applicable in the High Court will apply. [Subrule (3)
amended by GN R961 of 11 July 1997.] (4) Qualifying fees for expert witnesses may not be recovered as costs
between party and party unless otherwise directed by the court during the
proceedings. 25 Taxation (1) The registrar may perform the functions and duties of a taxing
master or appoint any person as taxing master who is in the registrar’s
opinion fit to perform the functions and duties as are assigned to or imposed
on a taxing master by these rules, on such terms and for such period as may
be determined. (2) The taxing master is empowered to tax any bill of costs for
services actually rendered in connection with proceedings in the court. (3) At the taxation of any bill of costs, the taxing master may call
for any book, document, paper or account that in the taxing master’s opinion
is necessary to determine properly any matter arising from the taxation. (4) The taxing master must not proceed to the taxation of any bill of
costs unless the taxing master has been satisfied by the party requesting the
taxation (if that party is not the party liable to pay the bill) that the
party liable to pay the bill has received due notice as to the time and place
of the taxation and of that party’s entitlement to be present at the
taxation. (5) Despite subrule (4), notice need not be given to a party - (a) who failed to appear at the hearing either in person or through a
representative; or (b) who consented in writing to the taxation taking place in that
party’s absence. (6) Any decision by a taxing master is subject to the review of the
court on application. 26 Service and enforcement of court orders In terms of section
163 of the Act, service and execution of the court’s decisions, judgments or
orders must take place in accordance with the procedure for service and
execution of decisions, judgments or orders of the High Court of South
Africa. [Rule 26 amended by
GN R961 of 11 July 1997.] 27 Oath of office of interpreter (1) Before any interpreter may interpret in court, the interpreter
must take an oath or make an affirmation in the following form before a judge
of the court: ‘I,
...................................................................................................................
(full names) do hereby swear/truly
affirm that whenever I may be called on to perform the functions of an
interpreter in any proceedings in the court, I will truly and correctly and
to the best of my ability interpret from the language I am called on to
interpret into one or other of the official languages and vice versa.’. (2) The oath or affirmation must be taken or made in the manner
prescribed for the taking of an oath or the making of an affirmation and must
be signed by the interpreter. 28 Labour Court as court of record (1) A record must be kept of - (a) any judgment or ruling given by the court; (b) any evidence given in court; (c) any objection made to any evidence received or tendered; (d) any on-the-spot inspection and any matter recorded as a result of
that inspection; and (e) the proceedings of the court generally. (2) The record referred to in subrule (1), including electronic
recordings of proceedings, must be kept in a form that the court deems
expedient. (3)(a) A transcript
of electronic recordings or a portion of the transcript or recording may be
made on request of the court or any of the parties on payment of the fee
prescribed from time to time. (b) Any transcript
of electronic recordings must be certified as correct by the person making
such notes or transcript and must be filed with the registrar. (c) Any transcript of electronic recordings certified as correct, is
deemed to be correct unless the contrary is proved. (4) Any person may make copies of any document filed in a particular
matter, on payment of the fee prescribed from time to time, and in the
presence of the registrar, unless a judge otherwise directs. 29 Witness fees (1) A witness in any proceedings in the court is entitled to be paid
in accordance with the tariff of allowances prescribed by the Minister of
Justice and published by notice in the Gazette in terms of section 42 of the
Supreme Court Act, 1959 (Act 59 of 1959). (2) Despite subrule (1), the court may order that no allowance or only
a portion of the prescribed allowances be paid to any witness. 30 Application for leave to appeal to the Labour Appeal Court 6 (1) An application for leave to appeal to the Labour Appeal Court may
be made, by way of a statement of the grounds for leave, at the time of the
judgment or order. (2) If leave to appeal has not been made at the time of judgment or
order, an application for leave must be made and the grounds for appeal
furnished within 15 days of the date of the judgment or order against which
leave to appeal is sought, except that the court may, on good cause shown,
extend that period. [Subrule (2)
amended by GN R961 of 11 July 1997 and by GN 1100 of 4 September 1998.] (3) If the reasons or the full reasons for the court’s order are given
on a date later than the date of the judgment or order, the application for
leave to appeal must be made within 10 days after the date on which the
reasons are given, except that the court may, on good cause shown, extend
that period. [Subrule (3)
amended by GN 1100 of 4 September 1998.] (3A) Unless the
judge from whom leave to appeal is sought otherwise directs, the parties’
respective submissions in respect of the application for leave to appeal must
be- (a) in writing; and (b) delivered on or before a date fixed by the judge. [Subrule (3A) inserted
by GN 1100 of 4 September 1998.] (4) to (7) inclusive ...... [Subrules (4) to (7)
inclusive deleted by GN R961 of 11 July 1997.] [Rule 30 amended by GN
R961 of 11 July 1997.] 31 Sworn translators Any person admitted
and enrolled as a sworn translator of any division of the High Court of South
Africa is deemed to be a sworn translator for the court. [Rule 31 amended by
GN R961 of 11 July 1997.] 32 Subpoenas (1) Any party who requires a witness to attend any proceedings to give
evidence may have a subpoena issued by the registrar for that purpose. (2) A subpoena must comply with Form 3. (3) If a witness is required to produce in evidence any document or
thing in the witness’s possession, the subpoena must specify the document or
thing to be produced. (4) After the subpoena has been issued, it must be served by the
Sheriff in any manner authorised by rule 4. (5) A witness who has been required to produce any document or thing
at the proceedings must hand it over to the registrar as soon as possible
after service of the subpoena, unless the witness claims that the document or
thing is privileged. (6) After the witness has handed over any document or thing to the
registrar it may be inspected by any party to the proceedings. (7) Once the inspection in terms of subrule (6) is complete, the
registrar must return the document or thing to the witness. 33 Commencement of rules These rules will
come into operation on the day that the whole of the Act comes into
operation. Schedule
1
[Schedule 1 inserted by
GN 1100 of 4 September 1998.] Tariff
of fees
1. The registrar may charge a fee of R1,00 per page for copying any
document. 2. The registrar may charge a fee of R2,00 for certifying any
document as a true copy. FORM
1
THE LABOUR COURT OF
SOUTH AFRICA APPLICATION FOR A CASE
NUMBER THIS FORM MUST BE FAXED,
IF THE APPLICATION IS NOT MADE IN PERSON, TO THE REGISTRAR OF THE LABOUR
COURT AT THE APPROPRIATE SEAT (JOHANNESBURG, CAPE TOWN, PORT ELIZABETH,
DURBAN). TELEPHONIC APPLICATIONS FOR A CASE NUMBER CANNOT BE ENTERTAINED 1. Particulars
of the party instituting proceedings
1.1 First applicant
Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ Representative (if
any): Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ (or on record with
the Labour Court code........................) Your reference
number ................................................... 1.2 Second applicant
Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ Representative (if
any): Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ (or on record with
the Labour Court code........................) Your reference
number ................................................... 2. Nature of
application (e.g. referral, application, review, appeal, etc)
Section of the Labour
Relations Act of 1995 in terms of which the proceedings are instituted or name and section of
other Act 3. Particulars
of the first and second respondent (if any)
3.1 First respondent
Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ Representative (if
any): Name
............................................................................................................ Physical address
............................................................................................ Postal address
............................................................................................... Code
........................ Telephone
number................................ Code
........................ Fax number
................................ (or on record with
the Labour Court code........................) Their reference
number ................................................... 3.2 Second respondent
Name
............................................................................................................ I certify that no
previous application for a case number for the same parties in the same
dispute has been made. I undertake to advise the Registrar in writing if
proceedings are not initiated within 30 days or if the matter is settled. Signed and dated at
.................................this .........day of .....................19
........ ........................................................................... Applicant
or duly authorised representative
(Surname and initials
............................................) FORM
2
THE LABOUR COURT OF
SOUTH AFRICA STATEMENT OF CLAIM (Rule 6) Number assigned by
registrar of Labour Court (See Form 1)1 In the matter between- (First Applicant) (Second Applicant) (if necessary) and (First Respondent) (Second Respondent) (if necessary) STATEMENT
OF CASE
1. The ..................................................................
applicant will accept notices and (specify first,
second, third, etc) service of all
documents in this matter at the following address: ............................................................... ............................................................... ............................................................... Fax No.
........................................
Telephone No. ....................................... 2. If a party intends opposing the matter, the response must be
delivered within 14 days of service of this statement in terms of subrule
6(3) of the Rules of the Labour Court, failing which the matter may be heard
in that party’s absence and an order for costs may be made against that party. Details
of the parties
3. The
..............................................................................................
applicant is (specify applicant)2 ....................................................................................................................... (description of
applicant) having the address
stated in paragraph ....................... above. 4. The
..............................................................................................
applicant is (specify applicant) ...................................................................................................................... (description of
applicant) having the address
stated in paragraph ....................... above. 5. The ..........................................................................................
respondent is (specify
respondent)3 ...................................................................................................................... (description of
respondent) having the
following address: ............................................................. ............................................................. ............................................................. Fax No.
....................................
Telephone No. ......................................... 6. The
.........................................................................................
respondent is (specify respondent) ..................................................................................................................... (description of
respondent) Having the
following address: ............................................................. ............................................................. ............................................................. Fax No.
....................................
Telephone No. ......................................... 7. Statement of the facts that will be relied on to establish the
applicant’s claim4 ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... 8. The legal issues that arise from the above facts5 ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... 9. Relief sought6 ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... ..................................................................................................................... 10. Schedule of documents7 Attached is a schedule
of documents, marked ‘Annexure ................’, which are material and
relevant to the issue. Signed and dated at
............................... this .......... day of
.......................19....... ......................................................................... Applicant
or duly authorised representative8
(Surname and initials
.........................................) FORM
3
THE LABOUR COURT OF
SOUTH AFRICA SUBPOENA Case No.
................................. In the matter between- ..............................................................................................................Applicant and ..........................................................................................................Respondent To the sheriff: INFORM-
(1) (2) (State names, occupation, and place of business or residence) (3) (4) that each of them is
required to appear in person before this court at ...................... on the ........ day of
................................19....... at .............(time) and to
remain in attendance until excused by
the court, in order to testify on behalf of the applicant/respondent in
regard to all matters within their knowledge relating to an action pending in
the court in which the applicant claims- (1) ................................................... (2)
....................................................... (3).................................................................................
from the respondent; AND INFORM them that
they are further required to bring with them and to produce to the court ......................................................................................................... ............................................................................................................................. (here describe
accurately each document, book or other thing to be produced) AND INFORM each of the
above persons that they should on no account neglect to comply with this
subpoena as they may render themselves liable to a fine, or to imprisonment. Signed and dated at
............................... this .......... day of
.......................19....... ...................................................... Registrar
of the Labour Court
........................................................... Applicant’s/Respondent’s
Attorney FORM
4
[Form 4 added by GN R961
of 11 July 1997.] IN
THE LABOUR COURT OF SOUTH AFRICA
(Held at
............................ ) Case No.
................................ In the matter between- ............................................................................................................
Applicant and ...........................................................................................................
Respondent NOTICE
OF APPLICATION
TAKE NOTE THAT the
applicant intends applying to the
above Honourable Court at a date and time fixed by the registrar for an order
in die following terms: ................................................................................................................................ ................................................................................................................................ ................................................................................................................................ AND TAKE NOTE THAT the
applicant appoints .............................. as applicant’s representative in this
matter. AND TAKE NOTE THAT the
applicant will accept service of all the proceedings in the above matter at
the address of the offices of applicant’s representative, which is set out below. AND TAKE NOTE FURTHER
THAT the affidavit of ..................... will be used in support of the
application. Signed and dated at
........................ this .................... day of
....................... 19 ....... ................................................... Applicant’s representative Address
..................................... ................................................... ................................................... Tel.
............................................ Fax ............................................ Ref
............................................. TO:
THE
REGISTRAR OF THE LABOUR COURT
Address
..................................... ................................................... ................................................... Tel.
............................................ Fax
............................................ Ref
............................................. AND
TO:
........................................ Respondent’s representative Address
..................................... ................................................... ................................................... Tel.
............................................ Fax
............................................ Ref ............................................. Received copy
hereby on this .... day of ..... 19.. ..................................................... For respondent
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