Maloka v Commission For Conciliation, Mediation and Arbitration (JR696/21) [2024] ZALCJHB 542 (9 October 2024)

Maloka v Commission For Conciliation, Mediation and Arbitration (JR696/21) [2024] ZALCJHB 542 (9 October 2024)

The applicant failed to comply with the Court's previous order to file a proper service affidavit demonstrating service of the reinstatement application on the respondents. Instead, he filed multiple unrelated documents and attempted to consolidate matters without proper procedure. The pleadings relevant to the reinstatement application were not attached to the amended notice of motion, and there is no evidence of proper service. As a result, the Court found non-compliance with its order and removed the matter from the roll, directing the applicant to file a compliant service affidavit and to index and paginate the application before re-enrolment.

Citation
[2024] ZALCJHB 542
Parties
Applicant: Rakokwane Maloka; Respondent: Commission For Conciliation, Mediation and Arbitration; Respondent: Commissioner Norman Mbelengwa N.O.; Respondent: Commissioner Lindokuhle Dlamini N.O.; Respondent: Liberty Holdings
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 October 2024
Case Number
JR696/21
Procedural Posture
Review Application / Application to Reinstate Review; Service Compliance
Outcome
Application removed from the roll due to non-compliance with service requirements. Applicant directed to file proper service affidavit and index/paginate application before re-enrolment.
Judges
M. T. M. Phehane
Legal Topics
Service of Process, Reinstatement of Review, Rule 9 Compliance
Civil Procedure Labour Law Service of Process Reinstatement of Review Rule 9 Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Rakokwane Maloka

Applicant

Commission For Conciliation, Mediation and Arbitration

Respondent

Commissioner Norman Mbelengwa N.O.

Respondent

Commissioner Lindokuhle Dlamini N.O.

Respondent

Liberty Holdings

Respondent

Procedural Posture

Review Application / Application to Reinstate Review; Service Compliance

Legal Issues

  1. 1 Whether the applicant has properly served the reinstatement application on the respondents as ordered by the Court.
  2. 2 Whether the applicant has complied with the Court's previous order regarding service and filing of affidavits.
  3. 3 Whether the reinstatement application can be enrolled for hearing in the absence of proper service.

Ratio Decidendi

The applicant failed to comply with the Court's previous order to file a proper service affidavit demonstrating service of the reinstatement application on the respondents. Instead, he filed multiple unrelated documents and attempted to consolidate matters without proper procedure. The pleadings relevant to the reinstatement application were not attached to the amended notice of motion, and there is no evidence of proper service. As a result, the Court found non-compliance with its order and removed the matter from the roll, directing the applicant to file a compliant service affidavit and to index and paginate the application before re-enrolment.

Court Disposition

Application removed from the roll due to non-compliance with service requirements. Applicant directed to file proper service affidavit and index/paginate application before re-enrolment.

Orders

  • The reinstatement application is removed from the roll.
  • The applicant is to file a service affidavit that complies with Rule 9(2) of the Rules of the Labour Court, demonstrating proper service of the reinstatement application on the respondents.