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Gazette
No 17495
Date 19961014
Notice
No 1665
GOVERNMENT NOTICES
DEPARTMENT OF JUSTICE
No. 1665
14 October 1996
RULES FOR THE CONDUCT OF PROCEEDINGS IN THE LABOUR COURT
The Rules Board has, in terms of section 159 (3) of the Labour Relations
Act, 1995 (Act No. 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
PLEASE NOTE!
FOOTNOTES ARE AT END OF NOTICES
Definitions
1. Any expression in these rules that is defined in the Labour Relations
Act, 1995 (Act No. 66 of 1995), has the same meaning as in that Act and-
"Act" means the Labour Relations Act, 1995 (Act No. 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, unless the last day falls on a Saturday, Sunday or
public holiday when the number of days must be calculated to exclude the
first day and also the Saturday, Sunday or public holiday;
"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 No. 36 of 1994);
"registrar" means the registrar of the court appointed in terms of
section 155 (1) of the AC' deputy registrar or other person authorised to
act in the place of the registrar or deputy
"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.
Office hours and address of registrar
2. (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
Fidelity House
190 Main Street
PORT ELIZABETH
6001.
(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.
Issue of documents and registrar's duties
3. (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.
Service of documents
4. (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;
(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
(c) 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; or
(d) by return of the Sheriff.
(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.
Filing of documents
5. (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 seven
days of it being faxed.
Referrals [1]
Statement of claim
6. (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 14 days of service of the statement of claim,
failing which the matter may be heard in that party's absence
and an order of costs may be made against that party;
(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.
(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 14 days of the date on which the
director notified the party of the referral of the dispute to the
court; and
(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 14 days of the date on which the
statement of claim is delivered.
Pre-trial conference by parties
(4) (a) When a response is delivered or the time limit lapses for the
delivery of a response, whichever occurs first, the parties to the
proceedings must hold a pre-trial conference in terms of paragraph
(b) within 14 days of that date.
(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) discovery and the exchange of documents, and the preparation of
a paginated bundle of documentation in chronological order;
(vi) 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;
(vii) whether evidence on affidavit will be admitted with or without
the right of any party to cross-examine the deponent;
(viii) which party must begin;
(ix) the necessity for any on-the-spot inspection;
(x) securing the presence at court of any witness;
(xi) the resolution of any preliminary points that are intended to
be taken;
(xii) the exchange of witness statements;
(xiii) expert evidence; and
(xiv) any other means by which the proceedings may be shortened.
(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 seven days of the conclusion of the
pre-trial conference.
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 enroll 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 enroll
the matter for a hearing.
(b) When the registrar receives a direction in terms of paragraph (a),
the registrar must enroll 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 of
the expert witness, at least 21 days before the date of the hearing.
(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.
Applications [2]
7. (1) An application must be brought on notice to all persons who have an
interest in the application.
(2) The notice of 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 14
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
(f) a schedule listing the documents that are material and relevant to
the application.
(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 14 days from the day on which the application is served on
the party opposing the application.
(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 seven days from the day on which any notice of
opposition and answering affidavit are delivered.
(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) 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.
(7) If the application is for review- [3]
(a) the notice of application must, in addition to the requirements set
out in subrules (2) and (3), contain a notice calling upon the
responsible person or body whose decision is under review to provide
a written record of the proceedings, and the reasons for the
decision, within 21 days of the delivery of the application;
(b) on receipt of the record and reasons, the applicant must deliver
concise written representations in respect of the application for
review within 14 days of the date on which the record and reasons
are received; and
(c) any party on whom an application for review has been served may
deliver concise written representations in respect of the
application for review within 14 days of delivery of the applicant's
representations in terms of paragraph (b).
(8) 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.
(9) The registrar must notify the parties of the date, time and place for
the hearing of the application.
Urgent relief
8. (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.
Appeals to the Labour Court [4]
9. (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 14 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.
(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 21
days of the delivery of the notice of appeal.
(6) The appellant must deliver concise written representations in respect of
the appeal within 14 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 14 days of delivery of appellant's written
representations in terms of subrule (6).
(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.
Reviews in chambers [5]
10. (1) Reviews must be noted by filing a notice to review.
(2) The notice to review must be filed within 14 days of the decision that
is the subject of the review.
(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 seven
days of delivery of the applicant's representations in terms of subrule (6),
deliver concise written representations in respect of the review.
(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.
Interlocutory applications and procedures not specifically provided for in other
rules
11. (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 directives that may be sought from the
court.
(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.
Extension of time limits and condonation
12. (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 directive given in terms
of these rules, any interested party may apply on notice for an order that the
notice or directive 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.
(3) The court may, on good cause shown, condone non-compliance with any
period prescribed by these rules.
Withdrawals and postponements
13. (1) A party who has initiated proceedings and wants to withdraw the
matter must deliver a notice of withdrawal as soon as possible.
(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.
Set down of postponed matters
14. (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.
Matters struck off the roll
15. (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 reenrolment be made. In that event, the application
must comply with rule 11.
Default judgments
16. (1) The registrar must enroll a matter for judgment by default-
(a) if a party does not respond to a statement of claim or to an
application within the prescribed time limit or any extension
granted by the court within which to deliver a response; or
(b) if directed to do so by a judge in terms of rule 6 (5).
(2) Subrule (1) (a) does not apply if the party initiating the proceedings
instructs the registrar not to enroll the matter for judgment by default.
(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.
Consent to orders
17. (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.
Heads of argument
18. The court may at any time call on the parties to deliver concise
statements of the main points that they intend to argue, as well as a list of
authorities to which they intend to refer.
Submissions by an amicus curiae
19. (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 21
days before the date of hearing.
(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 curiae, 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.
Partnership, firms and associations
20. (1) A partnership, firm or association may be a party to any
proceedings in its name.
(2) A party in proceedings against a partnership or firm need not allege the
names of the partners or the owners.
(3) (a) At any time after a partnership or firm becomes a party to any
proceedings, the party acting against it may notify the partnership
or firm to provide it within seven days of service of the notice
with the names and addresses of the partners or owners.
(b) A partnership or firm that has been served with a notice in terms of
paragraph (a) must furnish the necessary information within the
specified period.
(c) Once the necessary information has been furnished, the partners or
owners become parties to the proceedings.
(4) If a partnership is dissolved after it has become a party to any
proceedings, those proceedings will continue against the persons who were
partners at the time of service of the document initiating the proceedings
against the partnership.
(5) (a) At any time after an association becomes a party to any proceedings,
the party acting against it may notify the association to provide
it, within seven days of service of the notice, with the names and
addresses of its office bearers and a copy of its constitution.
(b) An association that has been served with a notice in terms of
paragraph (a) must furnish the necessary information within the
specified period.
Representation of parties
21. (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.
Joinder of parties, intervention as applicant or respondent, amendment of
citation and substitution of parties
22. (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.
Consolidation of proceedings
23. (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.
Costs
24. (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 Supreme Court
will apply.
(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.
Taxation
25. (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.
Service and enforcement of court orders
26. 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
Supreme Court of South Africa.
Oath of office of interpreter
27. (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.
Labour Court as court of record
28. (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.
Witness fees
29. (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 No. 59 of 1959).
(2) Despite subrule (1), the court may order that no allowances or only a
portion of the prescribed allowances be paid to any witness.
Application for leave to appeal to the Labour Appeal Court [6]
30. (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 14 days of the date of the judgment or order against which leave to
appeal is sought.
(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 14 days after the date on which the reasons are
given, except that the court may, on good cause shown, extend that period.
(4) If leave to appeal is granted, a notice of appeal must be delivered to
all the parties within 14 days of the date on which leave was granted, or within
any longer period that may be permitted by the court on good cause shown.
(5) The notice of appeal must state-
(a) whether the whole or only part of the judgment or order is appealed
against;
(b) if only part of the judgment or order is appealed against, which
part, and specify the finding of fact or ruling of law that is
appealed against; and
(c) the grounds on which the appeal is founded.
(6) Any notice of cross-appeal must be delivered within 14 days of the
delivery of the notice of appeal or within any longer period permitted by the
court on good cause shown.
(7) The provisions of this rule with regard to appeals apply, with the
changes required by the context, to cross-appeals.
Sworn translators
31. Any person admitted and enrolled as a sworn translator of any division
of the Supreme Court of South Africa is deemed to be a sworn translator for the
court.
Subpoenas
32. (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.
Commencement of rules
33. These rules will come into operation on the day that the whole of the
Act comes into operation.
FORM 1
THE LABOUR COURT OF SOUTH AFRICA
APPLICATION FOR A CASE NUMBER
FORM 2
THE LABOUR COURT OF SOUTH AFRICA
STATEMENT OF CLAIM
FORM 3
THE LABOUR COURT OF SOUTH AFRICA
SUBPOENA
PLEASE NOTE!
FORM 1, 2 AND 3 CANNOT BE REPRODUCED.
PLEASE CONTACT SABINET FOR A COPY.
FOOTNOTES:
[1] This rule applies to the following referrals-
1. Referral of dispute concerning Chapter 11 rights [freedom of association
and general protection in terms of section 9 (4)];
2. referral of disputes concerning Parts A and C to F of Chapter III in
terms of section 63 (4);
3. referral of unfair dismissal disputes in terms of section 191 (5) (b)-
(i) automatically unfair dismissals;
(ii) dismissals for operational requirements;
(iii) dismissals for participation in an unprotected strike;
(iv) dismissals on account of closed shop provisions;
4. disputes referred by the director of the Commission to the Labour Court
in terms of section 191 (6) (a);
5. referral of closed shop disputes in terms of section 26 (14);
6. referral of unfair labour practice dispute in terms of item 3 (4) of
Schedule 7.
[2] The rules in this section apply to the following:
1 . Application for admission of party to a council in terms of section 56
(5);
2. application for the winding up of councils in terms of section 59 (1);
3. application for the winding up of councils on grounds of insolvency in
terms of section 60;
4. application for an interdict regarding secondary strikes in terms of
section 66 (3);
5. application for an interdict regarding strikes and lock-outs which do not
comply with the Act in terms of section 68 (1) (a);
6. application for payment of compensation in terms of section 68 (1) (b);
7. application for an interdict regarding protest action in terms of section
77 (2) (a);
8. application for declaratory order regarding protest action in terms of
section 77 (2) (b);
9. application for winding up of registered trade union or registered
employers' organisation in terms of section 103 (1);
10. application for winding up on grounds of insolvency in terms of section
104;
11. application for declaratory order that trade union no longer
independent in terms of section 105;
12. reviews of any grounds that are permissible in law in terms of section
158 (1) (g) or 158 (1) (h);
13. reviews of arbitration awards of the Commission in terms of section
145;
14. referral of a dispute about picketing in terms of section 69 (11); and
15. applications to the Labour Court in terms of any other Act.
[3] In terms of section 145, 158 (1)(g) or 158 (1)(h) of the Act.
[4] The rules in this section apply to the following provisions in the Act-
1. Appeals against the cancellation by the registrar of the registration of
a council in terms of section 61 (5);
2. appeals against an arbitration award on the interpretation or application
of section 25 (3) (c) and (d) or 26 (3) (d) in terms of section 24 (7);
3. appeals from a decision of the registrar of labour relations in terms of
section 111 (3);
4. appeals against a decision of an industrial council in terms of item 10
(3) of Schedule 7;
5. appeals in terms of section 158 (1) (i); and
6. appeals to the Labour Court in terms of any other Act.
[5] The rules in this section apply to the following reviews-
1. Review in chambers of registrar's determination of liquidator's fees in
terms of section 59 (4) (b).
[6] Appeal in terms of section 166 (1) of the Act.
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