(This rule applies to the following referrals-
| 1) |
Referral of dispute concerning Chapter II rights [freedom of association and general protection in terms of section 9(4). |
| 2) |
referral of disputes concerning Parts A and C to F of Chapter lll in terms of section 63(4); |
| i) |
automatically unfair dismissals; |
| ii) |
dismissals for operational requirements; |
| iii) |
dismissals for participation in an unprotected strike; |
| iv) |
dismissals on account of closed shop provisions;) |
| 1) |
disputes referred by the director of the Commission to the Labour Court in terms of section 191 (6)(a) ; |
| 3) |
referral of unfair labour practice dispute in terms of item 3(4) of Schedule 7 |
| 4) |
if a material dispute of fact is foreseen rule 6 may be used to initiate the determination of any matter concerning a contract of employment in terms of section 77(3) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) (see footnote to rule 7). |
| 5) |
if a material dispute of fact is foreseen, proceedings concerning the interpretation or application of Part C of Chapter 10 of the Basic Conditions of Employment Act, 1997, may be initiated in terms of rule 6 (see footnote to rule 7). |
| 5A) |
if a material dispute of fact is foreseen, proceedings concerning the interpretation or application of the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), may be initiated in terms of rule 6 (see footnote to rule 7).) |
Statement of claim :
| 1) |
A document initiating proceedings, known as a "statement of claim", may follow the form set out in Form 2 and must- |
| a) |
have a heading containing the following information: |
| i) |
The title of the matter; |
| ii) |
the case number assigned by the registrar to the matter; |
| iii) |
an address of the party delivering the document at which that party will accept notices and service of all documents in the proceedings; and |
| iv) |
a notice advising the other party that if that party intends opposing the matter, a response must be delivered in terms of subrule (3) within 10 days of service of the statement of claim, failing which the matter may be set down for default judgment and an order for costs may be granted against that party; |
| b) |
have a substantive part containing the following information: |
| i) |
The names, description and addresses of the parties; |
| ii) |
a clear and concise statement of the material facts, in chronological order, on which the party relies, which statement must be sufficiently particular to enable any opposing party to reply to the document; |
| iii) |
a clear and concise statement of the legal issues that arise from the material facts, which statement must be sufficiently particular to enable any opposing party to reply to the document; and |
| c) |
be signed by the party to the proceedings; |
| d) |
express all dates, sums and numbers contained in the document in figures; |
| e) |
be accompanied by a schedule listing the documents that are material and relevant to the claim; and |
| 2) |
In the case of referral by the director of the Commission in terms of section 191(6) of the Act - |
| a) |
the party who applied for the referral by the director must deliver the statement of claim within 10 days of the date on which the director notified the party of the referral of the dispute to the court, and |
| b) |
the statement of claim must include a copy of the application for the referral. |
Response :
| a) |
Any party on whom a statement of claim is served may deliver a response to that statement. |
| b) |
The response must, with the changes required by the context, contain the same information required by subrule (1) |
| c) |
A response must be delivered within 10 days of the date on which the statement of claim is delivered. |
Pre-trial conference by parties
| a) |
When a response is delivered, the parties to the proceedings must hold a pre-trial conference in terms of paragraph (b) within 10 days of the date of delivery of the response. |
| b) |
In a pre-trial conference, the parties must attempt to reach consensus on the following: |
| i) |
Any means by which the dispute may be settled; |
| ii) |
facts that are common cause; |
| iii) |
facts that are in dispute; |
| iv) |
the issues that the court is required to decide; |
| v) |
the precise relief claimed and if compensation is claimed the amount of the compensation and how it is calculated; |
| vi) |
discovery and the exchange of documents, and the preparation of a paginated bundle of documentation in chronological order; |
| vii) |
the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they purport to be; |
| viii) |
whether evidence on affidavit will be admitted with or without the right of any party to cross-examine the deponent; |
| ix) |
which party must begin; |
| x) |
the necessity for any on-the-spot inspection; |
| xi) |
securing the presence at court of any witness; |
| xii) |
the resolution of any preliminary points that are intended to be taken; |
| xiii) |
the exchange of witness statements; |
| xv) |
any other means by which the proceedings may be shortened; |
| xvi) |
an estimate of the time required for the hearing; and |
| xvii) |
whether an interpreter is required and if so for which languages. |
| c) |
If the matter has not been settled, the parties must draw up and sign a minute dealing with the matters set out in paragraph (b). |
| d) |
The party initiating the proceedings must ensure that a copy of the minute is delivered within 5 days of the conclusion of the pre-trial conference. |
Judge's directions
| 5) |
When the minute of a pre-trial conference is delivered or the time limit for its delivery lapses, whichever occurs first, the registrar must send the file to a judge of the court for directions in terms of this subrule. The judge who receives the file from the registrar may- |
| a) |
direct the registrar to enroll the matter for hearing if the judge is satisfied that the matter is ripe for hearing; or |
| b) |
direct that an informal conference be held before a judge in chambers to deal with any pre-trial matters; or |
| c) |
direct the parties to convene a further formal pre-trial conference at a date, time and place fixed by the registrar, at which a judge must preside, to deal with any pre-trial matters. |
Judge's powers on pre-trial matters
| 6) |
A judge may, at a pre-trial conference held in terms of subrule (5) (b) or (5) (c), make any appropriate order for the further conduct of proceedings, including an order as to costs. |
Non-compliance with subrules (4), (5) and (6)
| 7) |
If any party fails to attend any pre-trial conference convened in terms of subrule (4)(a), (5)(b) or (5)(c), or fails to comply with any direction made by a judge in terms of subrules (5) and (6), the matter may be enrolled for hearing on the direction of a judge and the defaulting party will not be permitted to appear at the hearing unless the court on good cause shown orders otherwise. |
Enrollment for hearing
| a) |
When a judge decides that any directions given in terms of this rule have been satisfied, the judge must direct the registrar to enroll the matter for a hearing. |
| b) |
When the registrar receives a direction in terms of paragraph (a), the registrar must enroll the matter and notify the parties of the time, date and place that has been allocated for the hearing. |
Discovery of documents
| a) |
A document or tape recording not disclosed may not, except with the leave of the court granted on whatever terms the court deems fit, be used for any purpose at the hearing by the person who was obliged to disclose it, except that the document or tape recording may be used by a person other than the person who was obliged to disclose it. |
| b) |
If the parties cannot reach an agreement regarding the discovery of documents and tape recordings, either party may apply to the court for an appropriate order, including an order as to costs. |
| c) |
For the purpose of this rule, a tape recording includes a soundtrack, film, magnetic tape, record or any other materials on which visual images, sound or other information can be recorded. |
Expert witnesses
| a) |
Any party intending to call an expert witness must deliver a notice to that effect, together with a summary of the evidence and opinion of the expert witness, at least 15 days before the date of the hearing. |
| b) |
If a party fails to comply with paragraph (a) the court may decline to admit the evidence, or admit it only on good cause shown, and may make an order as to costs. |
Stamp Duties Act, 1968 (Act 77 of 1968)
