Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Building Industry, Cape of Good HopeExtension to Non-parties of the Main Consolidated Collective AgreementAnnexure A: Rules for Conciliating and Arbitrating disputes in the Building Industry Bargaining Council (Rules)Part F: Applications29. How to bring an application |
| (1) | This Rule applies to any— |
| (a) | application for condonation, joinder, substitution, variation, rescission, or postponement; |
| (b) | application in a jurisdictional dispute; and |
| (c) | other preliminary or interlocutory application. |
| (2) | Subject to rule 30, an application must be brought at least 14 (fourteen) days prior to the date of the hearing on notice to all persons who have an interest in such application. |
| (3) | The party bringing the application must sign the notice of application in accordance with rule 3 and must state— |
| (a) | the title of the application; |
| (b) | the case number assigned to the matter by the Council, if a case number has been assigned; |
| (c) | the relief sought; |
| (d) | the address at which the party delivering the document will accept delivery of all documents in the proceedings; |
| (e) | that any party that intends to oppose the matter must deliver a notice of opposition and answering affidavit within 5 (five) days after the application was served on that party; |
| (f) | that the application may be heard in the absence of a party that does not comply with subparagraph (e); |
| (4) | The application must be supported by an affidavit that must clearly and concisely set out— |
| (a) | the names, description and addresses of the parties; |
| (b) | a statement of the material facts, in chronological order, on which the application is based, in sufficient detail enable any person opposing the application to reply to the facts; |
| (c) | a statement of legal issues that arise from the material facts, in sufficient detail to enable any party to reply to the document; |
| (d) | if the application is filed outside the relevant time period, grounds for condonation in accordance with rule 8; and |
| (e) | if the application is brought urgently, the circumstances why the matter is urgent and the reasons why it cannot be dealt with in accordance with the time frames prescribed in these Rules. |
| (5) | Any party opposing the application may deliver a notice of opposition and an answering affidavit within 5 (five) days from the day on which the application was served on that party. |
| (6) | A notice of opposition and an answering affidavit must contain, with the changes required by the context, the information required by sub rules (3) and (4), respectively. |
| (7) | The party initiating the proceedings may deliver a replying affidavit within 3 (three) days from the day on which any notice of opposition and answering affidavit are served on it. |
| (8) | The replying affidavit must address only issues raised in the answering affidavit and may not introduce new issues of fact or law. |
| (9) | The Council arbitrator may permit the affidavits referred to in this rule to be replaced by a written statement. |
| (10) | In an urgent application, the Council or a Council arbitrator may— |
| (a) | dispense with the requirements of this rule; and |
| (b) | only grant an order against a party who has had reasonable notice of the application. |
| (11) | The Council must allocate a date for a hearing of the application once a replying affidavit is delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first. |
| (12) | The Council must notify the parties of the date, time and place of the hearing of the application. |
| (13) | Notwithstanding this rule, the Council or a Council arbitrator may determine an application in any manner it deems fit, provided that the Councilor the Council arbitrator informs the parties of how the process will be conducted and that the parties be given an opportunity to be heard. |