SRL

Supplementary Affidavit

Step 13 of 21 — Optional: Supplement your founding affidavit or stand by it

Labour Court

✅ This Step is OPTIONAL

You are not required to file a supplementary affidavit. You may simply stand by your founding affidavit and proceed directly to the Answering Affidavit stage. All subsequent steps (Answering Affidavit, Replying Affidavit, Heads of Argument, Set Down) remain available regardless of which path you choose.

Want to skip this step? Click the "Notice of Standing By" tab below, download the template, and proceed to the next step.

Do I Need a Supplementary Affidavit?
Rule 37(20) — You must choose ONE of two paths within 5 court days

📖 The Law — Rule 37(20)

"The applicant must within 5 days after the transcribed record has been filed either:

(a) by delivery of a notice of amendment and supplementary affidavit, amend, add to or vary the terms of the notice of motion and supplement the supporting affidavit; OR

(b) deliver a notice that the applicant stands by its notice of motion."

⚠️ Rule 37(21) — Limitation & Costs Warning

A supplementary affidavit may do no more than supplement the grounds for review recorded in the founding affidavit, or abandon any one or more of them. You may NOT raise new grounds. An applicant who abuses this rule by including irrelevant or repetitive material risks an adverse order as to costs.

  • Did the CCMA record reveal new facts that strengthen my existing review grounds?
  • Do I need to correct or clarify something in my founding affidavit?
  • Do I want to abandon any review ground I previously raised?
  • Is the record complete and my founding affidavit already comprehensive?

📝 File Supplementary

Choose this if the record reveals new evidence that supports your existing review grounds, or if you need to correct/clarify your founding affidavit. You must also file a Notice of Amendment.

✋ Stand By Notice of Motion

Choose this if your founding affidavit is complete and you do not need to supplement or amend anything. This is the simpler, faster path and is perfectly valid.

Remember: Whichever path you choose, the Respondent then has 10 court days (Rule 37(22)) to file an Answering Affidavit. If you skip the supplementary, you simply proceed straight to the Answering Affidavit stage.
AI Draft Supplementary Affidavit
Rule 37(20)(a) & Rule 37(21) — Supplement or abandon existing grounds only
⚠️ Important Limitation

This generator will draft a supplementary affidavit that only supplements or abandons existing grounds from your founding affidavit. It will NOT introduce new review grounds. You must review the draft carefully before filing — inclusion of irrelevant or repetitive material may expose you to an adverse costs order under Rule 37(21).

Upload the record, award, or audio recording that reveals what you want to supplement. The AI will analyse it to ensure your supplementary affidavit stays within Rule 37(21).

📄
Click to upload document or audio
PDF, Word, MP3, WAV, or M4A

Describe what the record shows and how it relates to your existing review grounds. Be specific — the AI will draft numbered paragraphs based on your input.

Notice of Standing By
Rule 37(20)(b) — The simpler path when no supplement is needed

📖 The Law — Rule 37(20)(b)

"The applicant must within 5 days after the transcribed record has been filed either... (b) deliver a notice that the applicant stands by its notice of motion."

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 answering affidavit.

✅ This is a Valid and Common Choice

Most applicants who are satisfied with their founding affidavit choose to stand by their notice of motion. This is not a weakness — it simply means your case is already fully pleaded and you do not need to supplement it. The Respondent still has 10 court days to file an Answering Affidavit.

What happens next? Once you file this notice and serve all three Respondents, the Respondent has 10 court days to file an Answering Affidavit (Rule 37(22)). If they do not, the matter may proceed on the unopposed roll (Rule 36(1)). You do not need to do anything further until you receive (or don't receive) the Answering Affidavit.
File & Serve
Rule 37(20) — 5 court days after the transcribed record is filed
⏰ 5-DAY DEADLINE

You must file either your Supplementary Affidavit + Notice of Amendment OR your Notice of Standing By within 5 court days after the transcribed record has been filed. Missing this deadline may delay your matter or require condonation.

  • 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:
    • If filing supplementary: "Supplementary Affidavit" + "Notice of Amendment"
    • If filing standby: "Notice" or "Other" (label clearly: "Notice of Standing By")
  • Attach your PDF — ensure it is paginated per Rule 29.
  • 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.
Notice of Filing and Service

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

TO: The Registrar of the Labour Court

AND TO: All Respondents

TAKE NOTICE that the Applicant hereby files the following document(s) in terms of Rule 37(20) of the Labour Court Rules:

1. [Supplementary Affidavit and Notice of Amendment / Notice of Standing By];

2. Proof of Service Affidavit.

The above 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).

Signed at [PLACE] on this [DAY] day of [MONTH] [YEAR].

___________________________
Signature

[NAME IN BLOCK LETTERS]

What Comes Next: Answering & Replying Affidavits
Rules 37(22), 37(23), 37(24) & 37(25) — The full affidavit exchange cycle

📖 The Law — The Full Exchange Cycle

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 answering 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 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 in terms of Rule 29(3), with separate sections for pleadings/affidavits, notices, and the record, and within 10 days apply to the registrar for a hearing date.

🔄 Step-by-Step: What Happens After You File

  • You file either (a) Supplementary Affidavit + Notice of Amendment, OR (b) Notice of Standing By (within 5 court days of filing the record).
  • Respondent has 10 court days (Rule 37(22)) to file a Notice of Intention to Oppose + Answering Affidavit from the date they receive your filing and the record.
  • If no Answering Affidavit is filed within 10 court days: The matter is unopposed. You may request the Registrar to enrol it on the unopposed roll (Rule 36(1)). Proceed to the Set Down step.
  • If an Answering Affidavit IS filed: You have 5 court days (Rule 37(24)) to file a Replying Affidavit. This may ONLY respond to new issues raised in the Answering Affidavit. You may NOT repeat your founding or supplementary affidavit.
  • If you choose NOT to file a Replying Affidavit: That is also valid. You may stand by your existing pleadings and proceed to indexing and set down.
  • After Replying Affidavit (or expiry of 5 days): Index and paginate the complete file (Rule 37(25)) and apply for a hearing date within 10 days.

📝 Answering Affidavit (Respondent)

Deadline: 10 court days after receipt of record + your notice.
Scope: Concise grounds of opposition only (Rule 37(23)).
Parties: CCMA, Employer, and/or Commissioner may each file one.
Consequence of non-filing: Unopposed enrolment (Rule 36(1)).

✍️ Replying Affidavit (You — Optional)

Deadline: 5 court days after receipt of Answering Affidavit.
Scope: Respond ONLY to new issues raised. NO repetition of founding/supplementary (Rule 37(24)).
Optional: You may choose not to file one.
Costs risk: Repetitive material may attract adverse costs.

Key Principle: The affidavit exchange is a closed cycle. Founding → (Optional Supplementary) → Answering → (Optional Replying) → Set Down. Each affidavit is limited in scope. The Answering Affidavit cannot raise new grounds not responsive to your application. The Replying Affidavit cannot introduce new facts — it only addresses what the Respondent raised.
⚠️ Important Note on the Fourth Affidavit

Under Rule 35(3) (general motion proceedings), the Respondent may be afforded a further 5 days to file a fourth affidavit after your replying affidavit. However, in review proceedings under Rule 37, the cycle typically ends at the replying affidavit. The parties must then proceed to index, paginate, and apply for a hearing date under Rule 37(25). If a Respondent seeks to file further affidavits beyond the replying stage, they may require leave of the court or the parties' consent.