by Roelien Watson, Esq.
Director at Watson Law Incorporated – September 2024
Abstract
This article explores the concept of urgency in South African law, particularly focusing on the abuse of Rule 6(12) of the Uniform Rules of Court. While this rule allows litigants to deviate from standard court procedures in genuinely urgent matters, there has been a growing trend of its misuse. The discussion underscores the legal requirements for proving urgency, referencing significant case law such as East Rock Trading v Eagle Valley Granite and Mangala v Mangala. The article also addresses the consequences of abusing the urgent court process, including adverse cost orders, and calls for the judiciary to enforce penalties to prevent frivolous and vexatious litigation. By examining relevant judgments and legal principles, this piece emphasises the importance of maintaining the integrity of the court system and ensuring that justice is accessible to those with legitimate urgent matters. Read the full article or download it below.