Tiro v Safety and Transport Management North West Province (2025/030657) [2025] ZALCJHB 259 (25 April 2025)
- Citation
- [2025] ZALCJHB 259
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- M. T. M. Phehane
- Case number
- 2025/030657
More details
- Court
- Labour Court Johannesburg
- Panel
- M. T. M. Phehane
- Case number
- 2025/030657
On this page
Professional case brief
Research organized from the available case record
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
ApplicantDepartment of Community Safety and Transport Management North West Province
Respondent03
Procedural history
Posture
Urgent Application / Application Struck Off the Roll for Non Appearance and Improper Enrolment
04
Questions and positions
Legal issues
- 01
Whether the application was properly re-enrolled in terms of Rule 45.
- 02
Whether the applicant complied with Rule 45(2) regarding re-enrolment.
- 03
Whether the absence of the applicant justified striking the matter off the roll.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Order
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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