Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985)RulesThe Children's Courts Rules of South AfricaChapter 4 : Court Proceedings10. Ex parte and urgent applications |
(1)
| (a) | An ex parte application may be made— |
| (i) | where no notice is required to be given to any party; and |
| (ii) | must be on a form corresponding substantially with Form A of the Annexure, supported by an affidavit. |
| (b) | The affidavit in support of an ex parte application must set out every factor in support of the application. |
| (2) | An urgent application may be considered if the court is satisfied that the— |
| (a) | if the court is satisfied that the child may suffer imminent harm to that child’s physical, mental or social well-being if the application is not dealt with immediately; or |
| (b) | the degree of urgency is so great that it is in the best interest of the child to dispense with the giving of notice of the application. |
| (3) | In urgent applications— |
| (a) | the court may dispense with the giving of notice of the application to the person against whom the order is sought if the giving of notice would defeat the purpose of the application; |
| (b) | an order made against a party on an urgent basis is of an interim nature and must call upon the party against whom it is made to appear before the court on a specified return date to show cause why the interim order should not be made final; and |
| (c) | a copy of the interim order and the urgent application on which it was made must be served on the respondent in accordance with the provisions of rule 11. |
(4)
| (a) | Any person against whom an urgent order is granted or a person who is affected by the order granted may anticipate the return day upon not less than 24 hours’ notice service of the notice on the applicant and all other parties and filing with the clerk. |
| (b) | The party anticipating the return date must file an answering affidavit together with the notice referred to in paragraph (a). |
(5)
| (a) | Where cause is shown against any order made on urgent basis against a party or a person who is affected by the order, the court may order the applicant or respondent or the deponent to any affidavit to appear and to testify orally, in person or through audio-visual link. |
| (b) | The court may make any other order which it deems appropriate. |
| (6) | The interim order may be confirmed, discharged or varied by the court on good cause shown by any party or other person affected thereby, and on such terms as the court may deem appropriate. |
| (7) | A court order may be made on a form corresponding substantially with Form B of the Annexure. |
| (8) | If the matter is not finally disposed of, the presiding officer must direct the further conduct of the matter as provided for in rule 15. |