Motaung v Department of Higher Education and Training (JS304/24) [2025] ZALCJHB 262 (7 May 2025)

Motaung v Department of Higher Education and Training (JS304/24) [2025] ZALCJHB 262 (7 May 2025)

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.

Citation
[2025] ZALCJHB 262
Parties
Applicant: Hofi Paul Motaung; Respondent: Department of Higher Education & Training
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2025
Case Number
JS304/24
Procedural Posture
Review Application / Default Judgment Application
Outcome
Matter struck off the roll due to procedural non-compliance.
Judges
Phehane
Legal Topics
Review of Termination, Section 158 1 H, Procedural Irregularity, Motion Vs Action Proceedings
Labour Law Review of Termination Section 158 1 H Procedural Irregularity Motion Vs Action Proceedings

Case Brief

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Parties

Hofi Paul Motaung

Applicant

Department of Higher Education & Training

Respondent

Procedural Posture

Review Application / Default Judgment Application

Legal Issues

  1. 1 Whether the applicant's review application is properly before the Labour Court when initiated by action proceedings instead of motion proceedings.
  2. 2 Whether the matter should be struck off the roll due to procedural non-compliance.

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.

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.