Erfman and Others v CCL Carriers (Pty) Ltd and Others (JS 117/2009) [2013] ZALCJHB 174 (18 July 2013)

Erfman and Others v CCL Carriers (Pty) Ltd and Others (JS 117/2009) [2013] ZALCJHB 174 (18 July 2013)

The court held that the applicants' proposed amendments to their statement of claim were bona fide and necessary to correct inaccuracies, remove prescribed claims, and clarify the citation of parties. The amendments followed the guidance of a previous judgment and did not cause prejudice to the respondents that could not be cured by an appropriate costs order. The court applied Rule 28 of the High Court Rules, as the Labour Court Rules do not specify a procedure for amendments. The applicants were granted leave to amend their statement of claim, with costs to be determined by the trial court.

Citation
[2013] ZALCJHB 174
Parties
Applicant: Frederich Erfman; Applicant: Daniel Jacobus van Wyk; Applicant: Jacobus Louis Pretorius; Applicant: Jan Gabirel Human; Applicant: Joseph Motaung; Applicant: Alec Vetezo; Respondent: CCL Carriers (Pty) Ltd; Respondent: National Bargaining Council for the Road Freight Industry; Respondent: Eddie Bishoff
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 July 2013
Case Number
JS 117/2009
Procedural Posture
Leave to Amend / Application for Leave to Amend Statement of Claim Prior to Trial
Outcome
Leave to amend granted; costs in the cause.
Judges
Leppan
Legal Topics
Amendment of Pleadings, Jurisdiction of Labour Court, Collective Agreements, Prescription of Claims
Labour Law Civil Procedure Amendment of Pleadings Jurisdiction of Labour Court Collective Agreements Prescription of Claims

Case Brief

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Parties

Frederich Erfman

Applicant

Daniel Jacobus van Wyk

Applicant

Jacobus Louis Pretorius

Applicant

Jan Gabirel Human

Applicant

Joseph Motaung

Applicant

Alec Vetezo

Applicant

CCL Carriers (Pty) Ltd

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Eddie Bishoff

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Statement of Claim Prior to Trial

Legal Issues

  1. 1 Whether the applicants should be granted leave to amend their statement of claim.
  2. 2 Whether the proposed amendments are bona fide and do not cause prejudice to the respondents.
  3. 3 Whether the amendments are necessary to correct inaccuracies and remove prescribed claims.

Ratio Decidendi

The court held that the applicants' proposed amendments to their statement of claim were bona fide and necessary to correct inaccuracies, remove prescribed claims, and clarify the citation of parties. The amendments followed the guidance of a previous judgment and did not cause prejudice to the respondents that could not be cured by an appropriate costs order. The court applied Rule 28 of the High Court Rules, as the Labour Court Rules do not specify a procedure for amendments. The applicants were granted leave to amend their statement of claim, with costs to be determined by the trial court.

Court Disposition

Leave to amend granted; costs in the cause.

Orders

  • The applicants are granted leave to amend their statement of claim.
  • Costs are in the cause.