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.