Tiro v Safety and Transport Management North West Province (2025/030657) [2025] ZALCJHB 259 (25 April 2025)

30 Reportability

Brief Summary

Labour Law — Urgent applications — Striking off the roll — Applicant's non-appearance and improper enrollment — Application previously struck off for non-appearance — Re-enrollment without compliance with Rule 45 — Applicant failed to appear at the hearing — Application struck off the roll due to improper enrollment and lack of appearance.





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 C ourt, sitting as an urgent Court, issued an order
striking this application of f 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 4 5 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.