Danga v Commission for Conciliation, Mediation and Arbitration and Others (JR2803/19) [2021] ZALCJHB 336 (5 October 2021)

Danga v Commission for Conciliation, Mediation and Arbitration and Others (JR2803/19) [2021] ZALCJHB 336 (5 October 2021)

The applicant's statement of claim was an irregular step in review proceedings, as review applications in the Labour Court must be brought by notice of motion in terms of rule 7A, not by statement of claim. The statement of claim was vague, embarrassing, and failed to disclose a proper cause of action for review. The defects could not be cured by pre-trial conference or other means. The respondents would be prejudiced if required to plead to the applicant's statement of claim. Accordingly, the statement of claim was dismissed in its entirety.

Citation
[2021] ZALCJHB 336
Parties
Applicant: William Robinson Danga; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Byte People Solutions (Pty) Ltd; Respondent: Samsung Electronics SA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 October 2021
Case Number
JR2803/19
Procedural Posture
Review Application / Interlocutory Application: Exception to Statement of Claim
Outcome
Applicant's statement of case dismissed; no order as to costs.
Judges
Makamu
Legal Topics
Exception Procedure, Rule 7a Review, Vague and Embarrassing Pleading, Jurisdictional Ruling, Condonation Review
Labour Law Civil Procedure Exception Procedure Rule 7a Review Vague and Embarrassing Pleading Jurisdictional Ruling Condonation Review

Case Brief

Summary, issues, holding and outcome

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Parties

William Robinson Danga

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Byte People Solutions (Pty) Ltd

Respondent

Samsung Electronics SA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Interlocutory Application: Exception to Statement of Claim

Legal Issues

  1. 1 Whether the applicant's statement of claim is excipiable for being vague and embarrassing.
  2. 2 Whether the applicant's statement of claim discloses a cause of action for review under rule 7A.
  3. 3 Whether the statement of claim was an irregular step in review proceedings.

Ratio Decidendi

The applicant's statement of claim was an irregular step in review proceedings, as review applications in the Labour Court must be brought by notice of motion in terms of rule 7A, not by statement of claim. The statement of claim was vague, embarrassing, and failed to disclose a proper cause of action for review. The defects could not be cured by pre-trial conference or other means. The respondents would be prejudiced if required to plead to the applicant's statement of claim. Accordingly, the statement of claim was dismissed in its entirety.

Court Disposition

Applicant's statement of case dismissed; no order as to costs.

Orders

  • The applicant's statement of case is dismissed.
  • There is no order as to costs.