Mastering the

urgent application
process
Introduction
Urgent matters require urgent reactions. Refresh yourself with launching an urgent application
for a civil matter in the High Court and Magistrates’ Court.

Rule 6(12) of the Uniform Rules of Court in South Africa states that:

Rule 6(1) requires that every application be brought on notice of motion

supported by an affidavit as to the facts upon which the applicant relies for relief. Rule 6(12)
deals with urgent applications and allows the court to dispense with the forms and service
requirements provided for in the rules. It also allows for the matter to be disposed of in
accordance with such procedure. In every affidavit filed in support of an urgent application, the
applicant must explicitly set forth the circumstances that render the matter urgent and the
reasons why substantial redress cannot be afforded at a hearing in due course. A person against
whom an order was granted in their absence in an urgent application may set down the matter for
reconsideration by notice.

A certificate of urgency is typically attached to the notice of motion and

supporting affidavit when filing an urgent application in terms of Rule 6(12).

*An urgent application is still an application in terms of the Magistrates Courts’ Rule 55(5).

*The same principles apply as in the High Court when an urgent application is brought in the Magistrates’ Court.

Steps in making an urgent application:

1 Draft your founding affidavit

The founding affidavit is a sworn statement that sets out the facts of your case. It should be
drafted in clear and concise language and should include all relevant information. Be sure
to include the grounds for urgency and any evidence that supports your case. (You can
download a free template below)

2 Draft your notice of motion

The notice of motion is a formal request to the court to hear your application urgently. It
should include details of the relief you are seeking and the grounds on which you are
seeking it. Make sure that your notice of motion is drafted in accordance with the rules of
the court in which you will be filing your application.

3 Lodge your application to the court and serve it to relevant parties if possible
Depending on the degree of urgency, you may bring this application ex parte, that is
without notice to other parties. Or you may deviate from strict compliance with the rules of
court regarding service. Generally, it is better to comply as far as possible with the rules.

This is just a basic overview of the process. For more detailed guidance on urgent applications or
any other aspects of civil procedure, we recommend using LexisNexis Practical Guidance: Civil
Procedure – an online resource that provides practical guidance on civil procedure in South Africa.
IN THE HIGH COURT OF SOUTH AFRICA

[INSERT RELEVANT DIVISION OF HIGH COURT AND CITY]

CASE NUMBER: [INSERT CASE NUMBER]

In the matter between:

[INSERT NAME OF APPLICANT] Applicant

and

[INSERT NAME OF APPLICANT] Respondent

CERTIFICATE OF URGENCY

I, the undersigned, [insert name of applicant’s attorney], a practising Attorney of this

Honourable Court, and who has been granted right of appearance in the High Court in terms of
section 25(3) of the Legal Practice Act 28 of 2014, certify that I have read the Notice of Motion,
the Applicant's Affidavit and the annexures thereto and consider it to be sufficiently urgent to be
heard on .

Dated at [insert place] on the [insert day] day of [insert month] [insert year].

Applicant’s Attorney
[insert firm name]
[insert firm address]
Tel: [insert firm’s telephone]
Fax: [insert firm’s fax number]
Email: [insert firm’s email address]
REF: [insert firm reference number]

To: The Registrar

[insert jurisdiction]
To: Respondent/Respondent's Attorney
[insert firm name]
[insert firm address]
Tel: [insert firm’s telephone]
Fax: [insert firm’s fax number]
Email: [insert firm’s email address]
REF: [insert firm reference number]