07 Jul: CCMA 1279-20/MHC 4968-20: LJ v E-GME: 21 Jun Condonation Filing

* CCMA, Valencia Grootboom, The One Financial Solution, Isobel Rohwer, Marlise Steenekamp, Marais Lamprecht Attorneys, Francois Lamprecht, Crawley Family, David Crawley, Garden Route SPCA, Bruno MacDonald, Master of the High Court Capetown, Zureena Agulhas, Assistant Master of High Court: George, Yolanda van Milligen, Daniel Pretorius, Brand & van der Bergh Attorneys, Desere Barnard
* 07 Jul: CCMA 1279-20/MHC 4968-20: LJ v E-GME: 21 Jun Condonation Filing.
* Tygae: EoP Leg Sub: LJ v GME / EoP NWO SCO: EoP NTE GM: EoP NTE GMZA| EoP Axis MilNec Evac: Lotto: EoP v WiP Law, EoP v WiP  Academia, EoP v WiP Media, EoP v WiP Charity, EoP v WiP Peacenik / EoP v WiP Neg.

From: Lara Johnson [mailto:eop-leg-sub@tygae.org.za]
Sent: Tuesday, July 07, 2020 11:20 AM
To: ‘Valencia Grootboom’
Cc: ‘The One Financial Solution: Isobel Rohwer’; ‘Marlise Steenekamp’; ‘Counsel: Marais Lamprecht Attorneys’; ‘Francois Lamprecht’; ‘Sonja Corker’; ‘Crawley Family: David Crawley’; ‘Garden Route SPCA’; ‘Bruno MacDonald’; ‘Master of the High Court Capetown: Zureena Agulhas’; ‘Assistant Master of High Court: George: Yolanda van Milligen’; ‘Daniel Pretorius’
Subject: CCMA 1279-20/MHC 4968-20: LJ v E-GME: 21 Jun Condonation Filing
Sent: Tuesday, July 07, 2020 11:22 AM
To: ‘Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies’
Subject: CCMA 1279-20/MHC 4968-20: LJ v E-GME: 21 Jun Condonation Filing

Sent: 07 July 2020: 11:52: Per SMS to Dawn Meyer: 072 569 5555

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TO: CCMA: Valencia Grootboom
CC: CCMA: 1279-20: LJ v Estate Gill Elliott Respondents

Valencia Grootboom:

CCMA 1279-20/MHC 4968-20: LJ v E-GME: 21 Jun Condonation Filing.

Valencia Grootboom: The CCMA will attempt to conciliate the matter within 30 days from the date on which we receive the completed [Application for Condonation] form [PDF]. … The respondents have 14 days to file an affidavit opposing an applicaton for condonation by the applicant. The respondent must forward a copy of the Notice to Oppose affidavit to the applicant and the CCMA, within the stipulated 14 days. Proof must be attached to show that the Notice to Oppose affidavit has been forwarded to the applicant [PDF].
» EoP Leg Sub: 10 Jun: CCMA-VG: WEGE 1279-20: LJ v EGME: Condonation Required.

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21 Jun 2020: Condonation Filing:

Filing of Applicants CCMA Condonation affidavit [PDF: pp.15] and Master of High Court – Ann Elizabeth Johnstone and Lara Johnstone [PDF pp.08] – Meeting Declarations [Proof of Service PDF] [21 Jun: CCMA 1279-20: LJ v E-GME: Filing; 21 Jun: MHC: 4968/2020 & CCMA 1279-20: LJ v E-GME: Filing].

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07 July 2020 – 16 days after 21 June 2020 filing:

Applicant has not received any respondents Notice to Oppose Applicants Condonation affidavit filing.

If any respondent requests an extension of time to file their Notice to Oppose Applicants Condonation Affidavit; applicant will consent to the extension of the respondents filing time, till 17h00hrs on Friday 10 July 2020.

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11 July 2020: CCMA Conciliation, Mediation and Arbitration:

If no respondent requests an extension of time; and/or submits their Notice to Oppose Applicants Condonation Affidavit by 17h00 on 10 July 2020:

It would be appreciated if the CCMA Case Officer will then focus her energies on attempting to conciliate the matter within the following 30 days; presumably as a start, by providing the respondents with a CCMA notice informing them of their rights to Oppose the requested application orders.

Right to oppose an application
Any person who has an interest in the application has a right to oppose it.

Rule 31(3)(e) of the CCMA Rules provides as follows: “That any party that intends to oppose the matter must deliver a notice of opposition and answering affidavit within five (5) days after the application has been delivered to it.”

Rule 31(5): “Any party opposing the application may deliver a notice of opposition and answering affidavit within five (5) days from the day on which the application has been delivered to it.”

What must be contained in the papers opposing an application?
A notice of opposition must be accompanied by an affidavit which must be signed in compliance with Rule 4
It must contain a case number, if it is available
It must state the title of the matter
It must state the relief sought
The names of the parties to the dispute and their addresses
It must state the address to be used to accept delivery of documents in the relation to the matter being opposed.
It must state that the application may be heard in the absence of the party that does not comply with time frames in replying to the opposing papers
The affidavit must give a statement of the material facts, in chronological order, on which, the opposing submissions are based, in sufficient detail to enable any person intending replying to the application to do so on facts.

Right to reply to opposing submissions
A party who initiated the proceedings may deliver a reply to the opposing submissions within three (3) days of the date when the notice of opposition and answering affidavit are served on it. The right to reply is limited to such issues as may have been raised in the opposing submissions. This does not present an opportunity to raise and introduce new submission and or facts.

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Applicant Consent & Temporary Covid-19 Affidavit Formatting Recommendations:

To reduce applicant and respondents physical appearances at the police station for the signing of affidavits before SAPS Commissioner of Oaths [IOL: Police stations across SA temporarily shut down due to Covid-19 spread]:

Applicant consents to respondents affidavits (a) to include the following closing paragraph: “I am willing to provide written affidavit answers within seven days, to any written affidavit questions from any of the disputing parties. I confirm that I know and understand the contents of this affidavit. If so requested in writing, I am willing to sign it before a Commissioner of Oaths.”; (b) to be signed before their counsel as their Commissioner of Oaths substitute witness; and stamped by their Counsel law firm stamp.

Applicant consents to aforementioned paragraph being included in applicants already filed affidavits, and shall include the paragraph in any future affidavit, including acknowledging its applicable relevance to prior affidavits: “I am willing to provide written affidavit answers within seven days, to any written affidavit questions from any of the disputing parties. I confirm that I know and understand the contents of this affidavit. If so requested in writing, I am willing to sign it before a Commissioner of Oaths.”

If so requested applicant is willing to sign her Pro Se affidavits at the office of respondents counsel.

If respondents have any further formatting requests regarding applicants affidavits, kindly clarify such formatting requests to avoid technical formatting affidavit disputes.

EoP/OKC TRC Negotiations correspondence is published at EoP Leg Sub [eop-leg-sub.tygae.org.za]

Respectfully,

Lara Johnson,
EoP MILED Clerk [EoP Oath PDF]
16 Taaibos Ave, Heatherpark, George, 6529

Sent per electronic notice to:

CCMA: Valencia Grootboom:
Valencia Grootboom (ValenciaG@CCMA.org.za)

The One Financial Solution:
The One Financial Solution: Isobel Rohwer (isobel@theonefs.co.za); Marlise Steenekamp (marlise@theonefs.co.za); Counsel: Marais Lamprecht Attorneys (info@mllegal.co.za); Francois Lamprecht (francois@mllegal.co.za); Sonja Corker (sonja@mllegal.co.za);

Crawley Family: David Crawley:
Crawley Family: David Crawley (crawleydavid1@gmail.com);

Garden Route SPCA:
Garden Route SPCA (receptiong@grspca.co.za); Bruno MacDonald (brunomacdonald@gmail.com);

Master of the High Court Capetown: Zureena Agulhas:
Master of the High Court – Capetown: Zureena Agulhas (ZAgulhas@justice.gov.za)

Assistant Master of High Court: George: Yolanda van Milligen:
Yolanda van Milligen (YVanMilligen@justice.gov.za); aniel Pretorius (DPretorius@justice.gov.za);

Desere Barnard:
Brand & van der Bergh Attorneys: Desere Barnard: Rachel Hannies (rachel@bvdblegal.co.za);

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Per SMS to Dawn Meyer: 072 569 5555.

11:52: lj-v-gme.tygae.org.za negotiations updated. Lara

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