THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not reportable
Case No : JS559/24
In the matter between:
OUPA J. KUTUMELA Plaintiff
and
CSG RESOURCING (PTY) LTD First Defendant
ROUCHE KLEYNHANS Second Defendant
TEBOGO MOAL USI Third Defendant
Considered : In 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
2
PHEHANE , J
[1] This is a default judgment application in which the plaintiff seeks
reinstatement, alternatively, compensation for his dismissal from the first defendant
for operational requirements.
[2] The first defendant filed a statement o f response together with a condonation
application for its late filing on 25 February 2025. The condonation application appears not to be opposed. I am satisfied that the first defendant took all reasonable attempts to serve the condonation application and statement of response of the plaintiff and that the plaintiff is aware of these processes.
1
[3] The plaintiff filed an incomplete index of the pleadings bundle on 3 March
2025, together wit h a notice in terms of Rule 40(1) of the Rules Regulating the
Conduct of Proceeding of the Labour Court
2 (the Rules) requesting the Registrar to
set the default judgment application on the unopposed motion roll. In terms of Rule 21 of the Rules , default judgment applications are ordinarily deal t with by a judge in
chambers.
[4] I have considered the condonation application and find that good cause is
shown for the delay.
[5] I have also considered the averment made by the first defendant that a
referra l was made to this Court by a different former employee relating to the same
facts as this present case , although under a different case number, that is , JS702/24
and in which matter, the fi rst defendant has filed a statement of response. The first
defendant accordingly submits that these tw o cases should be consolidated.
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[6] In view of the afore- going, the default judgement cannot succeed.
[7] In the premises, the following order is made:
1 See: service affidavit by the first respondent at paras 2 to 4.
2 Published under GN 4775a in GN 50608 dated 3 May 2024.
3 See: paras 7.3 and 11.5 of the founding affidavit in the condonation application.
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Order:
1. The default judgment application is dismissed.
2. The first defendant ’s condonation application for the late filing of its
statement of response is condoned.
3. The first defendant is to file an application to consolidate case numbers
JS559/24 and JS702/24 within 30 days of this order .
4. The costs are reserved.
M. T. M. Phehane
Judge of the Labour Court of South Africa