About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Port Elizabeth Labour Court, Port Elizabeth
SAFLII
>>
Databases
>>
South Africa: Port Elizabeth Labour Court, Port Elizabeth
>>
2014
>>
[2014] ZALCPE 32
|
|
Khoza v African Explosives Ltd (JS31/2011) [2014] ZALCPE 32 (11 August 2014)
REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH
Not
Reportable
Case
No: JS31/2011
In
the matter between:
ZOLA
KHOZA
Applicant
And
AFRICAN
EXPLOSIVES
LTD
First Respondent
11
August 2014
REASONS
FOR JUDGMENT
LALLIE J
[1]
This matter was set down for a pre-trial conference before a judge on
20 August 2013. There was no appearance by the applicant
and counsel
for the respondent sough an order striking the matter from the roll
and wasted costs. I granted the order owing to
an obvious error. On
the same day upon realizing my obvious error I rescinded the order
and granted the following:
‘
1.
The order granted earlier on 20 August 2013 is rescinded and
substituted with the following:
2.
The matter is struck off the roll.
3.
The registrar is directed not to re-enrol the matter before the
applicant gives
an explanation on oath for the applicant’s
non-appearance in court on 20 August 2013.
4.
The registrar may enrol the matter at the instance of the respondent
without
the explanation referred to in paragraph 3 above.
5.
Costs are reserved’.
[2]
I decided to invoke provisions of section 165 of the Labour Relations
Act 66 of 1995 (‘the LRA’) as I made an obvious
error in
granting the order. Clause 10.4.4 of the practice manual of the
Labour Court of South Africa protects litigants who fail
to appear
before court for pre-trial conference against costs orders. I am of
the view that section 165 of the LRA is intended
inter alia,
to provide an expeditious inexpensive way of correcting the kind of
error I made and protect litigants against adverse orders which
are
granted in their absence.
[3]
It is for reasons that I rescinded and substituted the order granted
on 20 August 2013.
______________________________
Lallie
J
Judge
of the Labour Court of South Africa