Ndibi v Netcare Blaauwberg Hospital

Citation: [2026] ZALCCT 39

Presiding Judge: De Kock AJ

Court: Labour Court of South Africa, Cape Town

Nature of the Application

[1] The Plaintiff filed two statements of claim: (i) case number 2025-107838 (unfair discrimination – victimisation); and (ii) case number 2025-123726 (alleged automatic unfair dismissal). The Defendant filed various applications regarding exceptions and notices to remove causes of complaint. The Plaintiff filed an amended, combined statement of claim without complying with Rule 20 of the 2024 Labour Court Rules.

Judicial Analysis

[2]–[3] The Court expressed dissatisfaction with the prosecution of the disputes:

"[2] The Court must express its dissatisfaction with the manner in which the said two disputes have been prosecuted to date. The Plaintiff, as an unrepresented litigant, filed two statements of claim which fell short of the requirements of Rule 11. In response, the Defendant literally opened the floodgates with various notices of exceptions, notices to remove causes of complaint, notices of irregular steps, and other similar applications. [3] The Plaintiff, in an attempt to resolve the various applications and in response thereto, filed an amended, combined statement of claim and later an updated amended, combined statement of claim. Once again, this resulted in the Defendant filing various further notices in an attempt to have the amended, combined statement of claim set aside due to non-compliance with Rule 20."

[4]–[8] On the irregular step application:

"[4] This Court accepts, based on the Plaintiff's reaction to the various notices in filing an amended, combined statement of claim, that the Defendant was justified in filing the initial notices. The issue to be determined therefore is whether there are merits to the subsequent notices of an irregular step and the application to set aside the amended, combined statement of claim, which was filed without complying with Rule 20. [5] The Court takes note that the Plaintiff is representing herself. The Plaintiff was of the view, since the Defendant had not filed their statements of response and based on the applications filed that she was entitled to file the amended, combined statement of claim without complying with Rule 20. [6] Had the amended, combined statement of claim, and later an updated amended statement of claim been properly drafted in terms of Rule 11, this Court would have been inclined to condone the Plaintiff's failure to comply with Rule 20 and would have directed the Defendant to file their statement of response. [7] The amended, and later updated combined statement of claim, however, are still not sufficiently drafted in compliance with Rule 11 and even if this Court was to condone the non-compliance with Rule 20, this will probably result in yet further applications. It is not in the interest of justice, or in the interests of the parties and this Court to allow these two matters to continue in a similar manner as was the case to date. [8] This Court is of the view that the application for the amended, combined statement of claim to be set aside must be granted."

[9]–[10] On costs and future directions:

"[9] For the reasons set out above, this Court grants the Defendant's application for the amended, updated statement of claim to be set aside subject to the orders made below. The Court has considered the Defendant's application for the Plaintiff to be ordered to pay the costs of the numerous applications described above. This Court is not of the view that the Plaintiff's actions were frivolous and vexatious and finds that it is not in the interest of law and fairness to make any order as to costs. [10] In the premises, the following order is made:"

Order

"1. The application for the setting aside of the amended, updated statement of claim is granted. 2. The two disputes referred to the Labour Court under case numbers 2025-107838 and 2025-123726 are herewith consolidated. 3. The Plaintiff must file a consolidated statement of claim within 15 days of the date of this order. The Plaintiff must upload the statement of claim afresh and allow the Court Online Portal to create a new case number. The new case number will be used for the further exchange of pleadings in respect of both disputes referred under case numbers 2025-107838 and 2025-123726. 4. The Plaintiff is directed to comply with Rule 11 of the 2024 Labour Court Rules in filing the statement of claim. More specifically, the Plaintiff must provide a clear and concise statement of the material facts, in chronological order, on which she relies, in sufficiently particular terms to enable the Defendant to plead to the statement of claim; as well as a clear and concise statement of the legal issues that arise from the material facts, in sufficiently particular terms to enable the Defendant to plead to the statement of claim. The Plaintiff is also directed to ensure that the statement of claim is accompanied by a schedule listing the documents that are material and relevant to her claim. 5. The Defendant is directed to comply with Rule 12 and 13 of the 2024 Labour Court Rules, within the time frames stated therein, as from the date on which the statement of claim was filed. 6. No order is made as to costs in respect of the Defendant's various applications and notices."