📖 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."
A Replying Affidavit may NOT repeat your founding or supplementary affidavit. It may only address new matters raised by the Respondent in their Answering Affidavit. If you repeat yourself, you risk an adverse costs order.
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Did the Respondent raise a new legal argument not in my founding affidavit?
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Did the Respondent introduce new facts not in the CCMA record?
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Did the Respondent challenge my locus standi or jurisdiction?
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Did the Respondent misstate or misrepresent my arguments?
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Is the Answering Affidavit just a denial of my existing grounds?
✍️ File a Replying Affidavit
Choose this if the Respondent raised new issues you need to counter. You have 5 court days from receipt. The draft must address only new matters — no repetition.
⏭️ Skip to Set Down
Choose this if the Answering Affidavit only denies your existing grounds. Your Founding (and Supplementary) Affidavit already covers everything. Proceed to indexing, pagination, and hearing date (Rule 37(25)).
You must file your Replying Affidavit within 5 court days of receiving the Respondent's Answering Affidavit. Missing this deadline means you forfeit your right to reply — you must then stand by your existing pleadings and proceed to set down.
This generator will draft a replying affidavit that only responds to new issues raised in the Answering Affidavit. It will NOT repeat your founding or supplementary affidavit. You must review the draft carefully — any repetition may expose you to an adverse costs order.
Upload the Answering Affidavit so the AI can identify what needs a response. Also upload the Notice of Intention to Oppose if filed separately.
📑 Answering Affidavit
📄 Notice of Intention to Oppose
Describe only the NEW arguments or facts raised by the Respondent that you need to respond to. Do not restate your existing review grounds.
For each new issue, explain your counter-argument. Be concise — the Replying Affidavit should be brief.
The Replying Affidavit must be filed and served within 5 court days of receipt of the Answering Affidavit. If you miss this deadline, you cannot file a reply unless you apply for condonation on good cause shown (Rule 42).
📖 What You Must File & Serve
- Rule 37(24): File the Replying Affidavit with the Registrar.
- Rule 37(13): Serve a copy on each of the other parties (all three Respondents).
- Rule 9: Service may be by email if the party has an email address. Proof of service requires an affidavit.
- Rule 8: All documents must be A4, 12pt font, 1.5 line spacing, 2cm margins.
- Log in to the Court Online Portal at https://courtonline.co.za.
- Navigate to My Cases → Select your case → My Case Documents.
- Click the Upload icon.
- Select the Document Type: "Replying Affidavit" or "Affidavit" (clearly labelled).
- Attach your PDF — ensure it is paginated per Rule 29 and formatted per Rule 8.
- Enter your digital signature (type your full name).
- Click Submit. Status shows "PENDING" until approved.
- First Respondent (CCMA): Serve at the CCMA's registered address or email address.
- Second Respondent (Employer): Serve at the employer's registered office, place of business, or email address (Rule 9(1)(b)(i)).
- Third Respondent (Commissioner): Serve at the same address as the CCMA unless the Commissioner has indicated a different address for service.
- Email Service (Rule 9(1)(a)(iv)): If the respondent has an email address, serve by email. Request a read receipt. Keep the sent email as proof.
- Proof of Service (Rule 9(2)(b)): Draft an affidavit confirming: (a) the correct email address, (b) the whole document was sent, and (c) a named person acknowledged receipt. File this with the Registrar.
- Hand Delivery (Rule 9(1)(a)(i)): Hand a copy to the party or authorised representative. Obtain a signed acknowledgement of receipt.
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]
NOTICE OF FILING AND SERVICE OF REPLYING AFFIDAVIT
TO: The Registrar of the Labour Court
AND TO: All Respondents
TAKE NOTICE that the Applicant hereby files a replying affidavit in the above matter, in terms of Rule 37(24) of the Labour Court Rules.
The replying affidavit responds to the grounds on which the application is opposed, as recorded in the answering affidavit filed by the [First/Second/Third] Respondent on [DATE].
The replying affidavit does not repeat the content of the founding and supplementary affidavits, and is filed strictly in compliance with Rule 37(24).
The replying affidavit was filed electronically via the Court Online Portal on [DATE].
Copies have been served on all three Respondents as follows:
1. First Respondent (CCMA): by [email / hand / post] on [DATE];
2. Second Respondent (Employer): by [email / hand / post] on [DATE];
3. Third Respondent (Commissioner): by [email / hand / post] on [DATE] (at the same address as the CCMA unless otherwise indicated).
A proof of service affidavit is filed herewith.
Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].
___________________________
Signature
[NAME IN BLOCK LETTERS]
5 court days to file Replying Affidavit from receipt of Answering Affidavit.
10 court days after replying (or expiry) to apply for hearing date.
Key Replying & Set Down Deadlines
| Event | Rule | Deadline |
|---|---|---|
| File Replying Affidavit | Rule 37(24) | 5 court days after receipt of Answering Affidavit |
| Index, paginate & apply for hearing date | Rule 37(25) | 10 court days after replying or expiry |
| Unopposed: apply for hearing date | Rule 37(26) | 10 court days after last date for Answering Affidavit |
| Condonation for late reply | Rule 42 | On application, good cause shown |
Rule 42: If you miss the 5-day replying deadline, you may apply to the court for an extension on good cause shown. However, this is not guaranteed. It is far safer to file within the deadline. If you are unsure whether you need a Replying Affidavit, consider filing a brief one to preserve your rights — you can always stand by it later.