Nefale v Office of the Premier Gauteng Province (JS 900-19) [2021] ZALCJHB 84 (2 June 2021)

Nefale v Office of the Premier Gauteng Province (JS 900-19) [2021] ZALCJHB 84 (2 June 2021)

The court held that the applicant's filing of a second statement of case without withdrawing the first or following the proper amendment procedure was irregular and prejudicial to the respondent. The Rules do not permit multiple statements of case, and the applicant failed to indicate any amendments or provide the respondent an opportunity to object. The second statement of case was therefore set aside as an irregular proceeding.

Citation
[2021] ZALCJHB 84
Parties
Applicant: Khathutshelo Nefale; Respondent: Office of the Premier Gauteng Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 June 2021
Case Number
JS 900-19
Procedural Posture
Exception Application / Interlocutory
Outcome
The applicant's second statement of case dated 24 November 2020 is set aside as an irregular proceeding. No order as to costs.
Judges
F Coetzee
Legal Topics
Irregular Proceedings, Statement of Case, Amendment of Pleadings
Labour Law Civil Procedure Irregular Proceedings Statement of Case Amendment of Pleadings

Case Brief

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Parties

Khathutshelo Nefale

Applicant

Office of the Premier Gauteng Province

Respondent

Procedural Posture

Exception Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant was entitled to file a second statement of case without withdrawing the first.
  2. 2 Whether the procedure adopted by the applicant constituted an irregular proceeding under the Rules.
  3. 3 Whether the respondent was prejudiced by the applicant's procedural conduct.

Ratio Decidendi

The court held that the applicant's filing of a second statement of case without withdrawing the first or following the proper amendment procedure was irregular and prejudicial to the respondent. The Rules do not permit multiple statements of case, and the applicant failed to indicate any amendments or provide the respondent an opportunity to object. The second statement of case was therefore set aside as an irregular proceeding.

Court Disposition

The applicant's second statement of case dated 24 November 2020 is set aside as an irregular proceeding. No order as to costs.

Orders

  • The applicant's (second) statement of case dated 24 November 2020 is set aside as an irregular proceeding.
  • There is no order as to costs.