Labour Relations Act, 1995 (Act No. 66 of 1995)RegulationsEssential Service Committee RegulationsPart C - General Provisions19. A How to join or substitute parties to proceedings |
| (1) | The ESC Panel or a Panel Chairperson may join any number of persons as parties in proceedings if their right to relief depends on substantially the same question of law or fact. |
| (2) | A Panel Chairperson may make an order joining any person as a party in the proceedings if the party to be joined has a substantial interest in the subject matter of the proceedings. |
| (3) | A Panel Chairperson may make an order— |
| (a) | of its own accord; |
| (b) | on application by a party; or |
| (c) | if a person entitled to join the proceedings applies at any time during the proceedings to intervene as a party. |
| (4) | When making an order in terms of subrule (2), a Panel Chairperson may— |
| (a) | give appropriate directions as to the further procedure in the proceedings. |
| (5) | If in any proceedings it becomes necessary to substitute a person for an existing party, any party to the proceedings may apply to the Committee for an order substituting that party for an existing party, and a Panel Chairperson may make such order or give appropriate directions as to the further procedure in the proceedings. |
| (6) | An application to join any person as a party to proceedings or to be substituted for an existing party must be accompanied by copies of all documents previously delivered, unless the person concerned or that person's representative is already in possession of the documents. |
| (7) | Subject to any order made in terms of subrules (4) and (6), a joinder or substitution in terms of this rule does not affect any steps already taken in the proceedings. |