Motaung v Department of Higher Education and Training (JS304/24) [2025] ZALCJHB 262 (7 May 2025)
- Citation
- [2025] ZALCJHB 262
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Phehane
- Case number
- JS304/24
More details
- Court
- Labour Court Johannesburg
- Panel
- Phehane
- Case number
- JS304/24
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant initiated review proceedings by way of action instead of the required motion proceedings. Rule 37 of the Labour Court Rules prescribes that review applications must be brought by notice of motion and supporting affidavit. As the procedure was not followed, the matter is not properly before the Court and must be struck off the roll.
Court disposition
Matter struck off the roll due to procedural non-compliance.
Orders
- The matter is struck off the roll.
- There is no order as to costs.
02
Material facts
Parties
Hofi Paul Motaung
ApplicantDepartment of Higher Education & Training
Respondent03
Procedural history
Posture
Review Application / Default Judgment Application
04
Questions and positions
Legal issues
- 01
Whether the applicant's review application is properly before the Labour Court when initiated by action proceedings instead of motion proceedings.
- 02
Whether the matter should be struck off the roll due to procedural non-compliance.
Party arguments
- Applicant
- The applicant seeks to review and set aside the respondent's decision to terminate his employment and requests reinstatement, relying on section 158(1)(h) of the Labour Relations Act.
- Respondent
- No argument was presented as the matter proceeded as a default judgment application.
05
Court’s reasoning
Legal principles
- 01
Rule 37 of the Rules regulating the Conduct of the Proceedings in the Labour Court
Review applications in the Labour Court must be initiated by way of motion proceedings, not action proceedings.
- 02
Labour Relations Act 66 of 1995
Section 158(1)(h) of the Labour Relations Act empowers the Labour Court to review decisions of the State as employer.
06
Ratio, limits and disposition
Ratio decidendi
The applicant initiated review proceedings by way of action instead of the required motion proceedings. Rule 37 of the Labour Court Rules prescribes that review applications must be brought by notice of motion and supporting affidavit. As the procedure was not followed, the matter is not properly before the Court and must be struck off the roll.
Obiter and limits
- The judgment was delivered electronically and is deemed handed down at 10h00 on 7 May 2025.
- No order as to costs was made.
Court disposition
Matter struck off the roll due to procedural non-compliance.
- The matter is struck off the roll.
- There is no order as to costs.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
THE LABOUR COURT OF SOUTH AFRICA,JOHANNESBURG
Not reportable
Case No: JS 304/24
In the matter between:
HOFI
PAUL
MOTAUNG
Applicant
and
DEPARTMENT OF HIGHER EDUCATION &
TRAINING
Respondent
Considered: In Chambers
Delivered: 7 May 2025 (This judgment was handed down electronically by circulation to the parties’ legal representatives by email, publication on the Labour Court website and release to SAFLII. The date and time for handing-down is deemed to be 10h00 on 7 May 2025.)
JUDGMENT
PHEHANE, J
[1] This is a default judgment application in which the applicant seeks an order reviewing and setting aside the decision by the respondent to terminate his employment. He also seeks an order that he be reinstated. The applicant brings his action in terms of section
158(1)(h) of the Labour Relations Act.[1]
[2] The applicant approaches this Court by way of action proceedings.
[3] Rule 37 of the Rules regulating the Conduct of the Proceedings in the Labour Court[2] sets out the procedure to pursue review applications- that is, review applications such as the current matter must be initiated by way of motion proceedings, that is a notice of motion and a supporting affidavit.
[4] The matter is thus not properly before the Court and falls to be struck off the roll for this reason.
[5] In the premises the following order is made:
Order
1. The matter is struck off the roll.
2. There is no order as to costs.
M. T. M. Phehane
Judge of the Labour Court of South Africa
[1] Act 66 of 1995, as amended. See: Pleadings, statement of claim at para 7 on p 15.
[2] Published under GN 4775a in GG 50608 of 3 May 2024.
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