WHAT LABOUR COURT JUDGES EXPECT (OR HOPE FOR) Judge André van Niekerk

SASLAW CONFERENCE 2011 WHAT LABOUR COURT JUDGES EXPECT (OR HOPE FOR) Judge André van Niekerk

I Thou shalt treat the Court with courtesy and candour.

II Thou shalt not meddle in things that thou dost not understand.

III Thou shalt be familiar with thy brief; yea, even unto the last page thereof.

IV Thou shalt deal with what is troubling the judge. Verily, not all questioning indicates that the Bench is against thee.

V Thy heads of argument shall seek to enlighten the Bench; thou shall not seek to lead the Court astray; thou shalt not cut and paste founding or answering affidavits and pass them off as heads.

VI Thou shalt not falsely hold out the prospect of settlement because thou art unfamiliar with thy brief, or for any other reason that is abominable.

VII Thy submissions shalt be brief; yea, waste not the Court’s time nor thy client’s pieces of silver.

VIII Thou shalt disagree with thy fellows without being disagreeable.

IX Cursed are the papermongers, for they irk the Bench and beget unnecessary costs.

X Thou shalt not gather every grape from thy vineyard; thou shalt leave sufficient for the poor and stranger who inhabit the pro bono clinic.

WHAT LABOUR COURT JUDGES EXPECT (OR HOPE FOR) Judge André van Niekerk