Tshabalala v Kruger (JR475/14) [2017] ZALCJHB 2 (11 January 2017)

Tshabalala v Kruger (JR475/14) [2017] ZALCJHB 2 (11 January 2017)

The court held that a default judgment cannot be granted in review proceedings of a jurisdictional ruling. The applicant failed to set out any grounds for review and did not comply with the Registrar's directive to outline the facts relied upon. Furthermore, the application appeared to be out of time and no condonation was sought. As a result, the application was dismissed.

Citation
[2017] ZALCJHB 2
Parties
Applicant: Samuel Tshabalala; Respondent: Willie Hendrik Kruger
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 January 2017
Case Number
JR475/14
Procedural Posture
Review Application / Dismissal of Application for Default Judgment on Review
Outcome
Application dismissed.
Judges
Seedat
Legal Topics
Jurisdictional Ruling, Default Judgment, Review Proceedings, Employee Vs Independent Contractor
Labour Law Civil Procedure Jurisdictional Ruling Default Judgment Review Proceedings Employee Vs Independent Contractor

Case Brief

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Parties

Samuel Tshabalala

Applicant

Willie Hendrik Kruger

Respondent

Procedural Posture

Review Application / Dismissal of Application for Default Judgment on Review

Legal Issues

  1. 1 Whether a default judgment can be granted in a review of a jurisdictional ruling.
  2. 2 Whether the applicant set out sufficient grounds for review.
  3. 3 Whether the review application was brought within the prescribed time period.

Ratio Decidendi

The court held that a default judgment cannot be granted in review proceedings of a jurisdictional ruling. The applicant failed to set out any grounds for review and did not comply with the Registrar's directive to outline the facts relied upon. Furthermore, the application appeared to be out of time and no condonation was sought. As a result, the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The matter is dismissed.
  • There is no order as to costs.