Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16) [2018] ZALCJHB 130 (13 March 2018)

Sibanyoni v Trans-Africa Projects (Pty) Ltd (J385/16) [2018] ZALCJHB 130 (13 March 2018)

The court found that both directives issued by judges in chambers regarding re-enrolment were not compliant with the enabling rules and lacked legal consequence. The applicant's explanation for non-appearance was reasonable and acceptable, as the notice of set down was sent to her former attorneys and not to her directly, and there was no evidence she received notification from the respondent. The court held that prospects of success play a minimal role at the stage of re-enrolment; the applicant must be afforded the opportunity to ventilate her condonation application in open court in line with section 34 of the Constitution. The application for re-enrolment was granted, and no order as...

Citation
[2018] ZALCJHB 130
Parties
Applicant: Mapule Mushaisano Sibanyoni; Respondent: Trans-Africa Projects (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2018
Case Number
J385/16
Procedural Posture
Urgent Application / Application for Re Enrolment of Condonation Application After Matter Struck Off the Roll Due to Non Appearance
Outcome
Application for re-enrolment granted; no order as to costs.
Judges
GN Moshoana
Legal Topics
Practice Manual Directives, Striking Off the Roll, Re Enrolment Procedure, Section 34 Constitution, Adequate Explanation for Default
Labour Law Civil Procedure Practice Manual Directives Striking Off the Roll Re Enrolment Procedure Section 34 Constitution Adequate Explanation for Default

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Parties

Mapule Mushaisano Sibanyoni

Applicant

Trans-Africa Projects (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Re Enrolment of Condonation Application After Matter Struck Off the Roll Due to Non Appearance

Legal Issues

  1. 1 What is the legal status of conflicting directives issued by judges in chambers regarding re-enrolment of a struck-off matter?
  2. 2 Is the applicant's explanation for non-appearance adequate and acceptable for re-enrolment?
  3. 3 Do prospects of success play a material role in applications for re-enrolment after a matter is struck off the roll?

Ratio Decidendi

The court found that both directives issued by judges in chambers regarding re-enrolment were not compliant with the enabling rules and lacked legal consequence. The applicant's explanation for non-appearance was reasonable and acceptable, as the notice of set down was sent to her former attorneys and not to her directly, and there was no evidence she received notification from the respondent. The court held that prospects of success play a minimal role at the stage of re-enrolment; the applicant must be afforded the opportunity to ventilate her condonation application in open court in line with section 34 of the Constitution. The application for re-enrolment was granted, and no order as...

Court Disposition

Application for re-enrolment granted; no order as to costs.

Orders

  • The application for condonation is hereby re-enrolled.
  • No order as to costs.