Service on the registrar of deeds urgent applications

Service on the registrar of
deeds
Urgent applications Anton Pillar orders Expedited hearings
Orders for sequestration
or liquidation
Social grant applications Bail appeals
Appointment of curators Opposed motions Settlement agreements
Default judgment Notice of set down Eviction matters
Summary judgment Standard orders Rehabilitation
Rule 43 applications Variation of custody Bank overdraft interest
It is counsel's professional duty to acquaint themselves with the directives that are applicable in the court where
they appear.
The cases heard in the Motion Court range in their level of difficulty from the relatively simple to the extremely
complex. Since this book is not designed as a model for advanced advocacy skills, the examples that follow are
typical cases that could be expected on the Motion Court list of any of the High Courts any day of the week. The

emphasis is on the kind of cases in which the more junior advocates or attorneys would be engaged.
The basic rules with regard to methods of service, time limits or what constitutes a proper summons or other
founding document, are set out in the Rules and in decided cases. Counsel has to be acquainted with them. Note
that there may be a practice [Page 422] directive in play as well. Every Motion Court brief must be scrutinised very
carefully to establish whether those requirements have been met. Counsel must also consider the consequences of
non­compliance; not every error is fatal. Further, in every case the underlying cause of action must also be
considered against the branch of the law applicable, for example, the Divorce Act 70 of 1979 in a divorce matter and
the Insolvency Act 24 of 1936 in a sequestration case.
There have been extensive reviews of and changes to the law relating to credit agreements and consumer
protection over the last ten years. Even a simple ejectment of an overstaying tenant or a defaulting mortgagee has
now become a major endeavour. Many other procedures that were previously simple and uncomplicated are beset
by numerous technicalities, with possible defects in the procedure ranging in seriousness from simple errors that
may be condoned to constitutional shortcomings that may vitiate not only the procedure ­ summary judgment, for
example ­ but the underlying contract or the right to enforce it in a particular way.
The law is developing as fast as the law reports are published. The Constitution also plays a large part in what
happens in the Motion Court. Many practices that were previously taken for granted are now unconstitutional.
Dealing with such matters is not within the import of this chapter or this book. For guidance in that regard
consult a specialist publication on motion court practice such as Neukircher, Fourie & Haupt High Court Motion
Procedure : A Practical Guide (2012) LexisNexis (loose­leaf service also available online), a work on consumer
protection law, the statutes concerned and the law reports.