NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)

NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)

The court found that the applicant provided a full and bona fide explanation for seeking the amendment, namely that new information came to light after a change of attorneys. The proposed amendments, while amounting to a concession in the original statement of claim, do not constitute the withdrawal of an admission in the strict sense, but rather a supplementation of the pleaded case. Even if the amendments were to withdraw a concession, the principles governing amendments permit such withdrawal where a proper explanation is given and no incurable prejudice results. The trial had not commenced, and the respondent would have the opportunity to address the new allegations at trial. The...

Citation
[2025] ZALCJHB 342
Parties
Applicant: NUM obo Tshengedzeni Remember Mbengwa; Respondent: Dwarsrivier Chrome Mine (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 August 2025
Case Number
JS171/23
Procedural Posture
Amendment Application / Application for Leave to Amend Statement of Claim Prior to Trial
Outcome
Leave to amend the statement of claim is granted; costs awarded against the applicant.
Judges
R Itzkin
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Pre Trial Conference Minute, Remuneration Claim, Retrospective Reinstatement
Labour Law Civil Procedure Amendment of Pleadings Withdrawal of Admission Pre Trial Conference Minute Remuneration Claim Retrospective Reinstatement

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Parties

NUM obo Tshengedzeni Remember Mbengwa

Applicant

Dwarsrivier Chrome Mine (Pty) Ltd

Respondent

Procedural Posture

Amendment Application / Application for Leave to Amend Statement of Claim Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its statement of claim to introduce new allegations regarding tender of services.
  2. 2 Whether the proposed amendments amount to the withdrawal of an admission and the consequences thereof.
  3. 3 Whether the existence of a pre-trial conference minute precludes amendment of the statement of claim without a corresponding amendment to the minute.

Ratio Decidendi

The court found that the applicant provided a full and bona fide explanation for seeking the amendment, namely that new information came to light after a change of attorneys. The proposed amendments, while amounting to a concession in the original statement of claim, do not constitute the withdrawal of an admission in the strict sense, but rather a supplementation of the pleaded case. Even if the amendments were to withdraw a concession, the principles governing amendments permit such withdrawal where a proper explanation is given and no incurable prejudice results. The trial had not commenced, and the respondent would have the opportunity to address the new allegations at trial. The...

Court Disposition

Leave to amend the statement of claim is granted; costs awarded against the applicant.

Orders

  • The applicant is granted leave to amend its statement of claim in accordance with its notice of intention to amend dated 5 March 2025.
  • The applicant is ordered to pay the costs of this application and of any consequential amendments made by the respondent.