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An ex parte application is brought without notice to anyone, either because –

• no relief of a final nature is sought against any person[1], or
• notice might defeat the object of the application, or
• the matter is one of extreme emergency.[2]

The notice of motion is addressed to the registrar or clerk of the court[3] together with a founding affidavit as to the facts upon which the Applicant relies for relief in support thereof.[4]

In the High Court such notice must set forth the form of order sought, specify the affidavit filed in support thereof, request the registrar to place the matter on the roll for hearing, and be as near as may be in accordance with Form 2 of the First Schedule of the Uniform Rules of Court.[5]

In the Magistrates’ Court the notice of motion in every application brought ex parte shall be similar to Form 1 of Annexure 1 of the Magistrates’ Court Rules.[6]

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[1] “An order granted ex parte is by its nature provisional irrespective of the form which it takes.”: Ghomeshi-Bozorg v Yousefi 1998 (1) SA 692 (W) at 696. See also Development Bank of SA Ltd v Van Rensburg NNO 2002 (5) SA 425 (SCA) at 443.

[2] Collective Investments (Pty) Ltd v Brink 1978 (2) SA 252 (N) at 255F-H.

[3] Uniform Rule 6 (2); Magistrates’ Court Rule 55(1)(b).

[4] Uniform Rule 6(1); Magistrates’ Court Rule 55(1)(a).

[5] Uniform Rule 6(4)(a). See Annex 3.

[6] Magistrates’ Court Rule 55(3)(b). See Annex 4.