THE LABOUR COURT OF SOUTH AFRICA ,JOHANNESBURG
Not reportable
Case No : JS 304/24
In the matter between:
HOFI PAUL MOTAUNG Applicant
and
DEPARTMENT OF HIGHER EDUCATION & TRAINING Respondent
Considered: I n Chambers
Delivered: 7 May 2025 (This judgment was handed down electronically by
circulation to the parties’ legal representatives by email, publication on the
Labour Court website and release to SAFLII. The date and time for handing -
down is deemed to be 10h00 on 7 May 2025.)
JUDGMENT
PHEHANE , J
2
[1] This is a default judgment application in which the applicant seek s an order
revie wing and setting aside the decision by the respondent to terminate his
employment . He also seeks an order that he be reinstated. The applicant brings his
action in terms of section 158(1)(h) of the Labour Relations Act .1
[2] The applicant approaches this Court by way of action proceedings .
[3] Rule 37 of the Rules regulating the Conduct of the Proceedings in the Labour
Court2 sets out the procedure to pursue review applications - that is, review
applications such as the current matter must be initiated by way of motion
proceedings , that is a notice of motion and a supporting affidavit.
[4] The matter is thus not properly before the Court and falls to be struck off the
roll for this reason.
[5] In the premises the following order is made:
Order
1. The matter is struck off the roll .
2. There is no order as to costs.
M. T. M. Phehane
Judge of the Labour Court of South Africa
1 Act 66 of 1995, as amended. See: Pleadings, statement of claim at para 7 on p 15.
2 Published under GN 4775a in GG 50608 of 3 May 2024.