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South Africa Order

Labour Court Johannesburg

Tiro v Safety and Transport Management North West Province (2025/030657) [2025] ZALCJHB 259 (25 April 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The application was struck off the roll because it was improperly re-enrolled without compliance with Rule 45, specifically the absence of an affidavit as required. Furthermore, the applicant did not appear at the hearing, and there was no evidence that the procedural requirements for re-enrolment were met. Even if an affidavit had been filed but not uploaded, the lack of appearance by the applicant would have resulted in the same outcome. The Court found no justification to keep the matter on the roll under these circumstances.

Court disposition

Application struck off the roll for non-appearance and improper enrolment.

Orders

  • The application is struck off the roll.
  • No order as to costs.

02

Material facts

Parties

Sannyboy Frans Tiro

Applicant

Department of Community Safety and Transport Management North West Province

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Application Struck Off the Roll for Non Appearance and Improper Enrolment

04

Questions and positions

Legal issues

Party arguments

Applicant
No affidavit in terms of Rule 45 was filed or uploaded to caselines. The applicant did not appear at the hearing and provided no explanation for the absence or for the re-enrolment of the matter.
Respondent
No appearance or submissions were made by the respondent at the hearing. The respondent did not oppose or participate in the proceedings.

05

Court’s reasoning

  1. 01

    Labour Court Rule 45

    An application previously struck off the roll may only be re-enrolled if an affidavit in terms of Rule 45 is filed and the requirements of Rule 45(2) are met.

  2. 02

    Caselines, p 007-1

    Where neither party appears at the hearing, the matter may be struck off the roll for non-appearance.

06

Ratio, limits and disposition

Ratio decidendi

The application was struck off the roll because it was improperly re-enrolled without compliance with Rule 45, specifically the absence of an affidavit as required. Furthermore, the applicant did not appear at the hearing, and there was no evidence that the procedural requirements for re-enrolment were met. Even if an affidavit had been filed but not uploaded, the lack of appearance by the applicant would have resulted in the same outcome. The Court found no justification to keep the matter on the roll under these circumstances.

Obiter and limits

  • The Court notes that if an affidavit in terms of Rule 45 was filed but not uploaded to caselines, the outcome would remain unchanged due to the applicant's non-appearance.
  • Proper compliance with procedural rules is essential for the effective administration of justice in urgent applications.

Court disposition

Application struck off the roll for non-appearance and improper enrolment.

  • The application is struck off the roll.
  • 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

Order

[2025] ZALCJHB 259

THE

LABOUR COURT OF SOUTH AFRICA

HELD

AT JOHANNESBURG

Not Reportable

CASE NO: 2025-030567

In the matter between

SANNYBOY

FRANS TIRO

Applicant

and

DEPARTMENT

OF COMMUNITY SAFETY AND TRANSPORT

MANAGEMENT

NORTH WEST PROVINCE

Respondent

Heard: 23 April 2025

Delivered: 25 April 2025

REASONS FOR ORDER

PHEHANE J

[1] On 23 April 2025, this Court, sitting as an urgent Court, issued an order striking this application off the roll.

[2] This application was previously enrolled for hearing on 12 March 2025, when it was struck off the roll per Tlhotlhalemaje J for

non-appearance by the parties.[1]

[3] This application was re-enrolled for hearing for 23 April 2025. It cannot be ascertained why the application was re enrolled for hearing, as no affidavit in terms of Rule 45 was filed. No such affidavit appears on caselines. Further, it cannot be ascertained whether the provisions of Rule 45(2) were complied with.

[4] The applicant did not appear on 23 April 2025.

[5] The matter was accordingly struck off the roll as it was improperly enrolled in the first instance. Should it transpire that an affidavit in terms of Rule 45 was filed by the applicant and was not uploaded on caselines for reasons unknown to the Court, then,

the matter would in any event, have been struck off the roll, as there was no appearance by the applicant.

M. T. M. Phehane

Judge of the Labour Court of South Africa

[1] Caselines, p 007-1.

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Authorities

Authorities used by the court

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

Labour Court Rule 45

Legislation

Legislation referenced in the available case record.

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