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Labour Relations Act, 1995 (Act No. 66 of 1995)

Rules for the Conduct of Proceedings in the Labour Court

20. Partnership, firms and unincorporated associations

 

 

1) A partnership, firm or unincorporated association may be a party to any proceedings in its own name and proceedings may be initiated against it by any other party .

 

2) A party in proceedings against a partnership, firm or unincorporated association need not allege the names of the partners, owner, members or office-bearers.

 

3)
a) Any party to proceedings, initiated by or: against a partnership, firm or unincorporated association, may notify the other party to provide it within 10 days of the of service of the notice with the names and addresses of the partners, owner, members or office-bearers of the partnership, firm or unincorporated association and a copy of its constitution at the date on which the cause of the proceedings arose.
b) A partnership, firm or unincorporated association that has been served with a notice in terms of paragraph (a) must comply with it within the specified period.
c) Once the necessary information has been furnished, the partners, owner, members become parties. to the proceedings.
d) In the event of a dispute about the identity of a partner, owner, member or office-bearer the court may, on application, decide the issue.

 

4) If proceedings are instituted against a partnership, firm or unincorporated association and it appears that since the cause of the proceedings it has been dissolved, the proceedings continue against the persons alleged to be or stated by the partnership, firm or association to be partners or members.

 

5) Execution in respect of a judgment against a partnership, firm or unincorporated association must first be levied against its assets and, after excussion. against the private assets of any person held to be or estopped from denying being a partner or member as if judgment had been entered against that person.