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South Africa Ruling

Labour Court Johannesburg

GIWUSA obo Hlope and Others v The Just Fun Group (JS 120/12) [2013] ZALCJHB 55 (22 April 2013)

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Source document

01

Holding and result

The court found that neither party had filed the supplementary pretrial minute or written heads of argument as agreed, and no explanation or indication of culpability was on record. In these circumstances, the appropriate course was to postpone the matter sine die and reserve the costs of the proceedings held on 7 March 2013.

Court disposition

The matter is postponed sine die and the costs of the proceedings on 7 March 2013 are reserved.

Orders

  • The matter is postponed sine die.
  • The costs of the proceedings on 7 March 2013 are reserved.

02

Material facts

Parties

GIWUSA obo Hlope and 3 Others

Applicant

The Just Fun Group

Respondent

03

Procedural history

  1. Posture

    Civil Procedure / Pretrial Postponement

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant agreed with the respondent that the dispute could be determined by way of a stated case, subject to the filing of a supplementary pretrial minute and written heads of argument. No further submissions were made due to the failure to file these documents.
Respondent
The respondent concurred with the applicant regarding the narrowing of issues and the procedure to be followed. No explanation was provided for the failure to file the required documents.

05

Court’s reasoning

  1. 01

    Labour Court practice

    Where parties fail to comply with agreed procedural steps and no explanation is provided, the court may postpone the matter sine die and reserve costs.

06

Ratio, limits and disposition

Ratio decidendi

The court found that neither party had filed the supplementary pretrial minute or written heads of argument as agreed, and no explanation or indication of culpability was on record. In these circumstances, the appropriate course was to postpone the matter sine die and reserve the costs of the proceedings held on 7 March 2013.

Obiter and limits

  • The court expects parties to comply with procedural agreements and to provide explanations for any failures to do so.
  • Failure to adhere to procedural requirements may result in delays and reserved costs.

Court disposition

The matter is postponed sine die and the costs of the proceedings on 7 March 2013 are reserved.

  • The matter is postponed sine die.
  • The costs of the proceedings on 7 March 2013 are reserved.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

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Source document

Labour Court Johannesburg

Ruling

[2013] ZALCJHB 55

1

REPUBLIC

OF SOUTH AFRICA

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

JUDGMENT

Not reportable

CASE NO: JS 120/12

In the matter between:

GIWUSA obo HLOPE AND 3 OTHERS .................................................................APPLICANT

and

THE

JUST FUN GROUP .....................................................................................RESPONDENT

Ruling (in Chambers): 22 April 2013

RULING

VAN

NIEKERK J

[1] When this matter was called on 7 March 2013, the parties advised that the issues in dispute could be narrowed to the extent that the dispute between them could be determined by way of a stated case. For this purpose, the parties agreed to file a supplementary pretrial minute and written heads of argument.

[2] Neither document has been filed, nor there any explanation on record as to that failure or any culpability for it. In these circumstances, I intend to make an order postponing the matter sine die, and to reserve the costs of 7 March.

I make the following order:

The matter is postponed sine die.

The costs of the proceedings on 7 March 2013 are reserved.

Andrè van Niekerk

Judge of the Labour Court

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