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

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

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.

Citation
[2025] ZALCJHB 259
Parties
Applicant: Sannyboy Frans Tiro; Respondent: Department of Community Safety and Transport Management North West Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 April 2025
Case Number
2025/030657
Procedural Posture
Urgent Application / Application Struck Off the Roll for Non Appearance and Improper Enrolment
Outcome
Application struck off the roll for non-appearance and improper enrolment.
Judges
M. T. M. Phehane
Legal Topics
Urgent Application, Rule 45 Enrolment, Non Appearance, Striking Off Roll
Labour Law Civil Procedure Urgent Application Rule 45 Enrolment Non Appearance Striking Off Roll

Case Brief

Summary, issues, holding and outcome

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Parties

Sannyboy Frans Tiro

Applicant

Department of Community Safety and Transport Management North West Province

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application was properly re-enrolled in terms of Rule 45.
  2. 2 Whether the applicant complied with Rule 45(2) regarding re-enrolment.
  3. 3 Whether the absence of the applicant justified striking the matter off the roll.

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.

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.