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APPLICATIONS WITH NOTICE TO THE RESPONDENT

     

The notice of motion must be addressed to any person against whom relief is claimed, or where it is necessary or proper to give any person notice of such application, as well as the registrar or clerk of the court.[1]

It is a basic principle of our law that interested parties who may be prejudiced by an order issued by a court should be joined in the suit.[2]

The proceedings are commenced as soon as the notice of motion is served on the Respondent, even though no notice has been given to the registrar.[3]


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

[2] Ex parte Body Corporate of Caroline Court 2001 (4) SA 1230 (SCA); Amalgamated Engineering Union v Minister of Labour 1949 (4) SA 637 (A); Pretorius v Slabbert 2000 (4) SA 935 (SCA).

[3] Republikeinse Publikasies (Edms) Bpk v Afrikaanse Pers Publikasies (Edms) Bpk 1972 (1) SA 773 (A); Tladi v Guardian National Ins Co Ltd 1992 (1) SA 76 (T).

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CONTENTS OF AN APPLICATION- NOTICE OF MOTION

Form and contents of an application

Every application must be brought on notice of motion supported by a founding affidavit as to the facts upon which the Applicant relies for relief.[1]

Notice of motion

The notice of motion must be addressed to –

  • the person/s against whom relief is claimed, and
  • any person/s whom it is necessary to give notice of the application, and
  • the registrar / clerk of the court.[2]

In High Court matters the notice of motion must be in accordance with Form 2(a) of the First Schedule of the Uniform Rules[3], and in Magistrates’ Court matters it must be in accordance with Form 1A of Annexure 1 of the Magistrates’ Court Rules[4]. True copies of the notice, and all annexures thereto must be served upon every party to whom notice thereof is to be given. [5]

In a notice of motion the Applicant must-

  • appoint an address within 15 kilometres of the office of the registrar/clerk of the court, at which Applicant will accept notice and service of all documents in such proceedings;
  • state the Applicant’s postal, facsimile or electronic mail addresses where available; and
  • set forth a day, not less than five days after service thereof on the Respondent, on or before which such Respondent is required to notify the Applicant, in writing, whether Respondent intends to oppose such application, and must further state that if no such notification is given the application will be set down for hearing on a stated day, not being less than 10 days after service on the said Respondent of the said notice.[6]

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

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

[3] See Annex 1.

[4] See Annex 2.

[5] Uniform Rule 6(5)(a); Magistrates’ Court Rule 55(1)(d)(i)&(ii).

[6] Uniform Rule 6(5)(b)(1),(ii)&(iii) – except for applications brought under subrule 6(12) and Rule 43, the days between 21 December and 7 January, both inclusive, shall not be counted in the time allowed for delivery of the notice of intention to oppose or delivery of any affidavit; Magistrates’ Court Rule 55(1)(e)(i),(ii)&(iii).