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South Africa Judgment

Labour Court Johannesburg

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

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Department of Higher Education & Training

Respondent

03

Procedural history

  1. Posture

    Review Application / Default Judgment Application

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2025] ZALCJHB 262

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.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act 66 of 1995

Legislation

Legislation referenced in the available case record.

Rules regulating the Conduct of the Proceedings in the Labour Court, GN 4775a in GG 50608 of 3 May 2024

Legislation

Legislation referenced in the available case record.

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