Irregular proceedings – High Court – Uniform Rule of Court 30
When a party to a cause takes an irregular step, other party or parties may apply to court to set it aside.
Such application must be brought on notice to all parties specifying particulars of the irregularity or impropriety alleged.
The application may only be made if the applicant –
- has not himself taken a further step in the cause with knowledge of the irregularity;
- has, within ten days of becoming aware of the step, by written notice afforded his opponent an opportunity of removing the cause of complaint within ten days.
The application must be delivered within 15 days after the ten days afforded to the opponent to remove the cause of the complaint.
Irregular proceedings – High Court – Uniform Rule of Court 30
To view the rule go to Department of Justice – Uniform Rules of Court
For more go to the South African Legal Information Institute (SAFLII)
