Written by: Safwaan Angamia
Date: 31 May 2025
Understanding Urgent Applications and South African Courts
In legal proceedings, time is often of the essence. Certain situations demand immediate intervention by the courts to prevent irreparable harm, loss, or injustice. In these circumstances, the usual court timelines and procedures may not suffice—this is where urgent applications become critically important.
Urgent applications allow a litigant to bypass standard procedural timelines to obtain swift relief from the court. These applications are exceptional remedies and are only permitted under specific legal conditions. Whether you are trying to stop an unlawful eviction, halt the execution of a judgment, or secure emergency relief, understanding the rules and risks around urgent applications is vital.
This article will help you understand what constitutes an urgent application, the urgent application process, when and how it can be brought before the court, and what factors judges consider before granting such relief.
What is addressed in a MOI? Various areas can be addressed in the MOI, but generally, the following would be included: The detail of the Incorporators; The number of directors and alternate directors; Share capital; Powers and restrictions of the company; Meetings between directors and shareholders. We also explore the key differences between applications brought on notice and ex parte, along with the legal pitfalls, such as self-created urgency, that could cause an application to be dismissed.
Whether in the Magistrates’ Court or High Court, urgent applications require precision, clarity, and legal expertise. At Burger Huyser Attorneys, our litigation team is equipped to advise and represent clients in a range of urgent matters, ensuring their rights are protected without delay.
What Are Urgent Applications?
An urgent application is a special legal procedure used when a party requires immediate relief from the court and cannot afford to wait for the normal court process to take its course. In such cases, the urgent applicant requests the court to dispense with certain procedural rules and timeframes to address the matter quickly.
Urgent applications may be brought in either the Magistrates’ Court or the High Court, depending on the nature and jurisdiction of the dispute.
When Would A Litigant Institute An Urgent Application?
A court application in the ordinary course can take months or even years to reach finalisation.
An emergency court application can be instituted in the appropriate court (the magistrates’ court or the high court) in certain limited circumstances, such as when an applicant will not be able to obtain adequate relief required in the circumstances and will suffer irreparable harm should it be confined to follow the normal court processes and adhere to the prescribed time frames. Examples of instituted urgent applications include:
- Imminent sale in execution of property
- Unlawful eviction
- Destruction or disposal of property
- Violation of constitutional rights
To succeed, the applicant must demonstrate both the urgency of the matter and the inadequacy of ordinary legal remedies.
How Should An Applicant Institute An Urgent Application?
Instituting an urgent application is an extraordinary measure, and as such, certain conditions must be met for a court to entertain the urgent application. These conditions may include:
- Rule 6(12) of the Uniform Rules Regulating the Conduct of the Proceedings of the Provincial and Local Divisions of the High Court of South Africa (hereinafter referred to as “High Court Rules”), which deals with Urgent Applications in the High Court.
○ In terms of Rule 6(12)(a) of the High Court Rules, a court may dispense with the rules and formalities and dispose of the matter at such time and place and in such manner and in accordance with such procedure as it deems fit.
○ In terms of Rule 6(12)(b) of the High Court Rules, the Applicant is required to set forth explicitly the reasons that render the matter urgent and the reasons why the Applicant claims that it will not be afforded substantial redress should the matter be heard in the ordinary course, i.e., in accordance with the normal formalities and time periods.
- Rule 55 of the Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa, which deals with urgent applications in the Magistrates’ Court.
What Types Of Urgent Applications Do You Get?
When a matter cannot wait for the ordinary court timetable, the law provides specific urgent applications that allow individuals to seek fast, effective relief—each with its own rules and requirements.
There are two types of urgent applications:
- Urgent applications instituted on notice; and
- Ex Parte urgent applications.
What Are Urgent Applications Instituted On Notice?
Urgent applications instituted on notice are instituted in circumstances where the applicant believes that, should the respondent be aware of the urgent application, it will compromise the effectiveness of the relief sought by the applicant. Urgent applications instituted on notice follow a truncated but recognisable legal process that includes the following:
- These applications are served on the respondent and filed in court; thereafter, the respondent is allowed to oppose the urgent application by way of a notice to oppose and then respond to the urgent application by way of an answering affidavit.
- Should the respondent oppose the urgent application and serve an answering affidavit setting out the reasons that the court should not grant the applicant the relief sought, the applicant will have an opportunity to serve and file a replying affidavit.
- The time periods for the service and filing of the respondent’s notice to oppose, the respondent’s answering affidavit, and the applicant’s replying affidavit are set out in the applicant’s notice of motion to which its founding affidavit is attached.
- The applicant and respondent can both prepare heads of argument, which will assist the court in their decision.
- Ultimately, the urgent application will be argued in court prior to the court making a decision on the matter.
What Do Ex Parte Urgent Applications Include?
An ex parte application is brought without informing the respondent. Because the respondent is initially excluded, courts expect a full and fair disclosure from the applicant. Any material non-disclosure could lead to the order being set aside, with cost consequences. An ex parte application is only permissible in rare and exceptional circumstances where alerting the respondent would mean the following:
- The respondent in such urgent applications will not be made aware of the urgent application and will not be allowed to oppose the application and present a defence.
- As the defendant will not be allowed to oppose the ex parte urgent application or present a defence, the applicant in its founding affidavit will be required to include all the founding affidavit details necessary for the court to have a proper context for the matter and ultimately make a decision.
- Should the court grant the relief sought by the applicant, the order will be an interim order, given that the respondent has not been allowed to present its case.
- Once an interim order has been granted by the court, the respondent will be allowed to present its case in an attempt to convince the court not to make the interim order final.
How Do Courts Consider Urgent Applications – What Is The Urgency And The First Hurdle?
When determining an urgent application, the court will first determine if the matter is in fact urgent or if the urgency was self-created. For instance, in the case of Dynamic Sister Trading (Pty) Limited and Another v. Nedbank Limited, the court pointed out the importance of the applicant setting out the reasons the court should dispense with the uniform rules of court.
In this matter, the applicant instituted an urgent application seeking to stay the sale in execution of the immovable property pending the finalisation of the applicant’s rescission application.
The respondent, Nedbank Limited, opposed the urgent application on the grounds relating to, inter alia, the urgency the applicant relied upon, which was entirely self-created, as the applicant was aware of the sale in execution 4 months before the institution of the applicant’s urgent application.
The court ultimately agreed with Nedbank Limited and concluded that the urgency relied upon by the applicant was self-created and struck the matter from the roll.
What Is The Importance Of An Urgent Application Judgement?
The importance of an urgent application judgment is that litigants should act swiftly when instituting urgent applications and should not delay in the institution of said applications. Should an applicant delay in taking action and approach the court at the very last minute, the urgency could be deemed self-created, and the urgent application could be struck from the roll. Furthermore, the unsuccessful applicant could be liable for the respondent’s costs should the court grant a cost order against the applicant. It is important to bear in mind that the court considers urgency on a case-by-case basis.
Urgent applications are powerful tools within South African civil procedure, allowing litigants to obtain critical relief when time is of the essence. However, the threshold for urgency is high, and courts are wary of abuse. It is essential to act quickly, compile complete documentation, and articulate your case clearly and convincingly. South Africa’s high court procedures demand thorough preparation and a clear understanding of the legal framework. Litigants need to be familiar with various rules and timelines associated with their applications. Navigating these procedures can be complex, but it is crucial for ensuring that urgent matters receive the attention they deserve.
Whether you need to halt an unlawful action, safeguard your property rights, or prevent a constitutional infringement, navigating the rules of urgent procedure requires skill and strategic thinking.
Contact Us For Specialist Legal Assistance with Urgent Court Applications
At Burger Huyser Attorneys, we have extensive experience with urgent applications in both the magistrates’ court and the high court. Our team will assess your situation, help you meet the legal thresholds for urgency, and guide you through every procedural requirement with professionalism and care.
If you are facing a legal crisis or urgent dispute—or if you’ve been accused of wrongdoing and immediate legal action is being taken against you—contact Burger Huyser Attorneys today. Our litigation and criminal law specialists are ready to protect your rights when timing matters most.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358; Midrand call 010 022 4082; Pretoria call 064 548 4838;
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