📖 The Law
Rule 37(22): Any person wishing to oppose must, within 10 days after receipt of the record and notice of amendment OR notice that the applicant stands by its notice of motion, deliver an affidavit in answer to the allegations made by the applicant.
Rule 37(23): An answering affidavit may do no more than record, in concise terms, the grounds on which the application is opposed.
Rule 36(1): If the respondent delivers a notice of intention to oppose but fails to deliver an answering affidavit within the prescribed time, the registrar must at the applicant's request enrol the application on the unopposed motion roll.
An Answering Affidavit may do no more than record, in concise terms, the grounds on which the application is opposed. It cannot introduce new facts unrelated to your review grounds, and it cannot be a mere repetition of the CCMA record. If the Respondent includes irrelevant material, they risk an adverse costs order.
📄 Notice of Intention to Oppose
If the Respondent filed one under Rule 35(7), upload it here.
📑 Answering Affidavit
The Respondent's main opposition document under Rule 37(22).
Paste key paragraphs or summarise the Respondent's main arguments. The AI will help you identify which arguments are new and need a response in your Replying Affidavit.
If the Respondent filed a Notice of Intention to Oppose but failed to deliver an Answering Affidavit within 10 court days, or if they filed nothing at all after 10 court days, the matter is unopposed. You may now request the Registrar to enrol the application on the unopposed motion roll.
📖 Rule 36(1)
"If the respondent has delivered a notice of intention to oppose but fails to deliver an answering affidavit within the prescribed time limit, the registrar must at the applicant's request enrol the application on the unopposed motion roll and serve a notice of set down to all parties."
- Draft a short letter to the Registrar requesting enrolment on the unopposed motion roll. Include the case number and confirm that the Respondent failed to file an Answering Affidavit within 10 court days.
- File the letter on Court Online under "Notice" or "Other" (clearly labelled "Request for Unopposed Enrolment").
- Attach proof that the 10 court days have expired (e.g. your calendar calculation, proof of service of your notice/record).
- Serve a copy on all three Respondents (CCMA, Employer, Commissioner) by email or hand delivery (Rule 9).
- Wait for the Registrar to issue a notice of set down with the hearing date.
IN THE LABOUR COURT OF SOUTH AFRICA
(HELD AT [SEAT])
Case No: [CASE NUMBER]
In the matter between:
[APPLICANT NAME] — Applicant
and
First Respondent: [CCMA]
Second Respondent: [EMPLOYER NAME]
Third Respondent: [COMMISSIONER NAME]
TO: The Registrar of the Labour Court
The Applicant hereby requests, in terms of Rule 36(1) of the Labour Court Rules, that the above matter be enrolled on the unopposed motion roll.
The Respondent(s) failed to deliver an answering affidavit within the prescribed period of 10 court days from receipt of the record and the Applicant's notice.
The record was filed on [DATE] and the Applicant's [notice of amendment and supplementary affidavit / notice of standing by] was served on [DATE].
The 10-court-day period expired on [DATE] without any answering affidavit being filed.
The Applicant prays that the matter be set down for hearing on the unopposed roll at the earliest available date.
Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].
___________________________
Signature
[NAME IN BLOCK LETTERS]
Under Rule 9(2), you must prove service by affidavit. This is essential for unopposed enrolment — the Registrar needs proof that the Respondent was duly served and had the opportunity to oppose.
Even if the matter is unopposed, you must still index and paginate the complete file (Rule 37(25)) and apply for a hearing date. The unopposed roll means the Respondent will not argue against you, but the judge will still review your application on the papers. Ensure your founding affidavit (and supplementary, if any) is thorough and well-supported.
📖 The Law
Rule 37(24): The applicant may file a replying affidavit within 5 days of receipt of an answering affidavit. A replying affidavit may do no more than respond to the grounds on which the application is opposed, without any repetition of the content of the founding and supplementary affidavits.
Rule 37(25): After receipt of any replying affidavit or the expiry of the time limit for filing a replying affidavit (whichever occurs first), the applicant must index and paginate the file and within 10 days apply to the registrar for a hearing date.
A Replying Affidavit is optional. You only need one if the Respondent's Answering Affidavit raised new issues or arguments that you did not already address in your Founding or Supplementary Affidavit. If the Respondent merely repeats the CCMA record or denies your allegations without raising anything new, you may choose to stand by your existing pleadings and proceed directly to indexing and set down.
✅ File a Replying Affidavit
Choose this if the Respondent raised new legal arguments, new facts, or procedural objections that you need to counter. You have 5 court days from receipt of the Answering Affidavit.
⏭️ Skip to Set Down
Choose this if the Answering Affidavit only denies your existing grounds or repeats the CCMA record. Your Founding (and Supplementary) Affidavit already covers everything. Proceed directly to indexing, pagination, and applying for a hearing date (Rule 37(25)).
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Did the Respondent raise a new legal argument I did not address?
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Did the Respondent introduce new facts not in the CCMA record?
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Did the Respondent raise a procedural objection (e.g. jurisdiction, locus standi)?
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Is the Answering Affidavit just a denial of my existing grounds?
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Do I want to address any new issues to strengthen my case?
A Replying Affidavit may NOT repeat the content of your Founding or Supplementary Affidavits. It may only respond to new matters raised in the Answering Affidavit. If you repeat yourself, you risk an adverse costs order.
Or proceed directly to Set Down if you do not need a Replying Affidavit
Respondent: 10 court days to file Answering Affidavit from receipt of record + your notice.
You (if replying): 5 court days to file Replying Affidavit from receipt of Answering Affidavit.
Set Down: 10 court days after replying (or expiry) to apply for hearing date.
Key Answering & Replying Deadlines
| Event | Rule | Deadline |
|---|---|---|
| Respondent files Answering Affidavit | Rule 37(22) | 10 court days after receipt of record + notice |
| Applicant files Replying Affidavit | Rule 37(24) | 5 court days after receipt of Answering Affidavit |
| Apply for hearing date | Rule 37(25) | 10 court days after replying or expiry |
| Unopposed enrolment request | Rule 36(1) | After 10 court days expire with no Answering Affidavit |