Khoza v African Explosives Ltd (JS31/2011) [2014] ZALCPE 32 (11 August 2014)

Khoza v African Explosives Ltd (JS31/2011) [2014] ZALCPE 32 (11 August 2014)

The judge recognized that the initial order striking the matter from the roll and awarding wasted costs was made in error, as the applicant was absent and the practice manual protects against such costs orders in these circumstances. Section 165 of the Labour Relations Act provides a mechanism for the court to correct such errors expeditiously and inexpensively. Accordingly, the order was rescinded and substituted to strike the matter from the roll, reserve costs, and require an explanation on oath from the applicant before re-enrolment, unless the respondent seeks re-enrolment without such explanation.

Citation
[2014] ZALCPE 32
Parties
Applicant: Zola Khoza; Respondent: African Explosives Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 August 2014
Case Number
JS31/2011
Procedural Posture
Civil Procedure / Pre Trial Conference; Application for Rescission of Order
Outcome
Order rescinded and substituted; matter struck off the roll; costs reserved; re-enrolment subject to applicant's explanation or respondent's request.
Judges
Lallie
Legal Topics
Rescission of Order, Costs Orders, Pre Trial Conference, Labour Relations Act
Labour Law Civil Procedure Rescission of Order Costs Orders Pre Trial Conference Labour Relations Act

Case Brief

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Parties

Zola Khoza

Applicant

African Explosives Ltd

Respondent

Procedural Posture

Civil Procedure / Pre Trial Conference; Application for Rescission of Order

Legal Issues

  1. 1 Whether the order striking the matter from the roll and awarding wasted costs should be rescinded due to an obvious error.
  2. 2 Whether the applicant should be protected against adverse costs orders for non-appearance at a pre-trial conference.

Ratio Decidendi

The judge recognized that the initial order striking the matter from the roll and awarding wasted costs was made in error, as the applicant was absent and the practice manual protects against such costs orders in these circumstances. Section 165 of the Labour Relations Act provides a mechanism for the court to correct such errors expeditiously and inexpensively. Accordingly, the order was rescinded and substituted to strike the matter from the roll, reserve costs, and require an explanation on oath from the applicant before re-enrolment, unless the respondent seeks re-enrolment without such explanation.

Court Disposition

Order rescinded and substituted; matter struck off the roll; costs reserved; re-enrolment subject to applicant's explanation or respondent's request.

Orders

  • The order granted earlier on 20 August 2013 is rescinded and substituted.
  • The matter is struck off the roll.