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Labour Court of South Africa, Durban

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

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LIBERTY LIFE HOUSE, 1st Floor, 269 Anton Lembede Street, Durban (as from 18 July 2011)

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https://www.justice.gov.za/labourcourt

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1 judgment

Citation	Judgment date
July 2024
Minister of Police v Hlongweni (51133/2021) [2024] ZALCD 1 (12 July 2024) Rescission refused where default judgment followed effective service; internal State Attorney failures do not justify rescission. Rule 42(1)(a) – rescission of default judgment – absence must be involuntary; service on State Attorney effective – internal administrative failure no excuse; "erroneously granted" means a fact existed which, if brought to the judge’s attention, would have induced refusal of judgment; broad residual discretion to refuse rescission; costs awarded on attorney-and-client scale (Scale B for specified period).	12 July 2024

Citation

Judgment date

July 2024

Minister of Police v Hlongweni (51133/2021) [2024] ZALCD 1 (12 July 2024)

Rescission refused where default judgment followed effective service; internal State Attorney failures do not justify rescission.

Rule 42(1)(a) – rescission of default judgment – absence must be involuntary; service on State Attorney effective – internal administrative failure no excuse; "erroneously granted" means a fact existed which, if brought to the judge’s attention, would have induced refusal of judgment; broad residual discretion to refuse rescission; costs awarded on attorney-and-client scale (Scale B for specified period).

12 July 2024