Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22) [2025] ZALCJHB 264 (20 May 2025)

Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22) [2025] ZALCJHB 264 (20 May 2025)

The Court finds that the applicant has failed to comply with the procedural requirements for obtaining a default judgment, specifically by not filing a service affidavit demonstrating service of the application and the relevant annexure on the respondent. Furthermore, the annexure forming the basis of the applicant's claim is missing from the pleadings. The applicant is granted an opportunity to rectify these deficiencies by filing the necessary documents and affidavits within five days. Failure to do so will result in the automatic striking out of the statement of claim.

Citation
[2025] ZALCJHB 264
Parties
Applicant: Musongeya Phineas Khosa; Respondent: Rustenburg Platinum Mines (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 May 2025
Case Number
J970/22
Procedural Posture
Default Judgment Application / Application for Default Judgment in Chambers
Outcome
Application postponed pending compliance; directions issued for filing of documents and affidavits.
Judges
M T M Phehane
Legal Topics
Mutual Separation Agreement, Rectification, Default Judgment, Service Affidavit
Labour Law Mutual Separation Agreement Rectification Default Judgment Service Affidavit

Case Brief

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Parties

Musongeya Phineas Khosa

Applicant

Rustenburg Platinum Mines (Pty) Ltd

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment in Chambers

Legal Issues

  1. 1 Whether the plaintiff has complied with the procedural requirements for a default judgment application.
  2. 2 Whether annexure 'B' to the mutual separation agreement, forming the basis of the plaintiff's case, has been properly placed before the Court.
  3. 3 Whether service of the default judgment application and annexure 'B' has been effected on the defendant.

Ratio Decidendi

The Court finds that the applicant has failed to comply with the procedural requirements for obtaining a default judgment, specifically by not filing a service affidavit demonstrating service of the application and the relevant annexure on the respondent. Furthermore, the annexure forming the basis of the applicant's claim is missing from the pleadings. The applicant is granted an opportunity to rectify these deficiencies by filing the necessary documents and affidavits within five days. Failure to do so will result in the automatic striking out of the statement of claim.

Court Disposition

Application postponed pending compliance; directions issued for filing of documents and affidavits.

Orders

  • The plaintiff is to file Annexure 'B' of the mutual separation agreement within 5 days of this order.
  • The plaintiff is to file a service affidavit demonstrating service of Annexure 'B' to the mutual separation agreement and service of the default judgment application on the defendant.