An application in terms of rule 43 consists of a notice of motion, setting out the relief prayed for by the applicant. Annexed to the Notice of Motion, must be the applicants’ founding affidavit setting out the relief claimed for and the grounds therefor, together with a notice to the respondent. Within 10 days of receipt of the application, the respondent shall deliver his reply. Thereafter, the matter will be set down for argument, provided that both parties have received notice thereof, 10 days prior to the notice of set-down.
It is imperative to note that when there is an existing maintenance order made by the maintenance court, a party cannot approach the court in terms of Rule 43 with the purpose of overruling the maintenance order.