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Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)

Rules

Special Tribunals Rules

12. Urgent Rule

 

(1) An applicant seeking urgent relief must file an application which shall, as far as practicable, be in accordance with the provisions of Rule 10.

 

(2) The Tribunal may, in such applications, dispense with the forms and service provided for in these Rules and may dispose of such matter at such time and place and in such manner and in accordance with such procedure as it deems appropriate.

 

(3) In every affidavit filed in support of any application under this Rule, the applicant must set forth explicitly the circumstances which it avers render the matter urgent and the reasons why the applicant claims that it would not be afforded substantial redress at a hearing in due course.

 

(4) The Registrar must fix a date, time and place for the hearing of the application as determined by the President or the presiding member.

 

(5) As soon as the Registrar has fixed the date, place and time for the hearing of the urgent application, the applicant must serve a copy of the application, together with the information obtained from the Registrar concerning the date, place and time for the hearing of the urgent application, on the respondent.

 

(6) The applicant must, at the hearing of the urgent application, satisfy the Tribunal that effective service had occurred.

 

(7) Any respondent who intends opposing the urgent application or making representations to the Tribunal regarding the application, must notify the Registrar and the applicant, as soon as possible after becoming aware of the application.

 

(8) The Tribunal may deal with an urgent application in any manner it deems appropriate, including but not limited to, giving directives regarding the filing of papers, case managing the matter in terms of Rule 19 and may make any order as to costs.

 

(9) A person against whom an order was granted in his or her absence in an urgent application may, on notice to the applicant and/ or other interested parties, set the matter down for reconsideration of the said order.