The Office of the Chief Justice, in collaboration with the Rules Board of the Labour and Labour Appeal Courts, has published the Rules to regulate the conduct of proceedings of the Labour Appeal Court and Labour Court (“Courts”).
The Rules come into operation on their date of publication in the Government Gazette and they repeal the Rules published in GN 1665 of 14 October 1996.
The Rules outline the following in relation to each Court’s proceedings:
- Relevant definitions.
- Annual sittings of the courts.
- The operating hours of the registrar’s office.
- Submitting petitions for leave to appeal a matter.
- Cross appeal procedures.
- The criteria and procedures for urgent appeals.
- Power of attorney requirements.
- The requirements for submissions made by amicus curiae.
- The date a hearing is set down to be heard.
- Information that must be included in the parties’ heads of argument.
- A practice note for hearings held in the courts.
- The parameters of the judge president’s powers.
- The consequences of failing to appear at an appeal hearing.
- The rules to be followed when the labour appeal court is the court of first instance.
- The hearing of appeals from the defence special tribunal.
- The service and filing process.
- The dress code applicable to the courts.
- Referrals for adjudication.
- Motion proceedings; and
- Allowing the media to access proceedings.
Some notable amendments to the rules include the exclusion of the period between 16 December and 15 January in the definition of ‘day’ when calculating time periods, allowing employers and litigants a reprieve from litigation during the holiday season, as well as new rules regarding the procedure to follow when seeking to enforce a restraint of trade through an unguent interdict. The new rules also make formal provisions for the use of virtual hearings, and regulate media access to court proceedings.
View the full publication here.
