Litigation in South Africa not only requires the presentation of sound legal argument, but close adherence to the rules of court as well. The court rules prescribe the court procedures that litigating parties are required to, strictly, follow in order to allow for an orderly resolution of legal disputes.
A failure to comply therewith could result in the defaulting party being faced with an irregular step notice and an application from the other litigating party. In the Magistrates’ Court, this is Rule 60A; in the High Court, it is Rule 30.
A party will only be successful in raising an irregular step if they can show the court that they will be prejudiced if the irregularity is not cured. Accordingly, the ability to demonstrate ‘prejudice’ is the cornerstone to a successful irregular step application in terms of Rules 60A and Rule 30.
After becoming aware of the defaulting party’s irregular step, the other party has 10 court days in which to give notice to the defaulting party of the irregularity and to afford them 10 court days within which to cure the irregularity. Should they fail to do so, the other party is afforded 15 court days from the lapse of the initial 10 court day period in which to bring an application to set aside the irregularity.
Importantly, a party cannot raise an irregular step if they have already taken a further step in the litigation. A notice of intention to defend or notice of intention to oppose does not constitute a ‘further step’ in this context, as the filing of such notice merely qualifies the litigant’s standing in the matter.
The setting aside of a defaulting party’s step can have devastating consequences for the defaulting party, as it could effectively quash their case.
It is no understatement to say that successful litigation requires a strict obedience to the rules of court.
Written by Matthew Apel
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).