Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunal Rules10. Applications |
| (1) | Every application other than one brought ex parte must be brought on notice of motion supported by affidavit and as near as may be in accordance with Form 2 of the First Schedule of the Tribunal Rules. Copies of the notice of motion and all annexures thereto, must be served upon every party to the application. |
| (2) | In a notice of motion, the applicant must— |
| (a) | appoint a postal, e-mail or physical address or a facsimile number at which the applicant will accept notice and service of all documents in such proceedings; |
| (b) | set forth a day not less than five days after delivery thereof on the respondent, when the respondent shall notify the applicant, in writing, whether the respondent intends to oppose the application; |
| (c ) | appoint an address within 15 kilometres of the office of the registrar, at which applicant will accept notice and service of all documents in such proceedings. |
| (3) | Where the notice of opposition is not delivered within the period referred to above, the applicant may within five days of the expiry thereof apply to the Registrar for the allocation of a date for the hearing of the application. |
| (4) | Where the respondent files a notice of opposition, the parties shall exchange answering and replying affidavits, including a notice to oppose the application on a point of law setting out the points of law that he or she wishes to raise, within the dates directed by the Tribunal President or presiding Member at the first case management meeting held in terms of Rule 19. |
| (5) | Where an application cannot properly be decided on affidavit, the Tribunal may dismiss the application or make such order as it deems appropriate in order to ensure a just and expeditious disposal of the matter. In particular, but without affecting the generality of the aforegoing, the Tribunal may direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for such deponent or any other person to be subpoenaed to appear and be examined and cross-examined as a witness or it may refer the matter to trial with appropriate directions as to pleadings or definition of issues, or otherwise. |
| (6) | The rules applicable to applications also apply to counter-applications as the context allows. |
| (7) | Every application brought ex parte must be as near as may be in accordance with Form 1 of the First Schedule and filed with Registrar and set down, before noon on a business day but one preceding the day upon which it is to be heard. |
| (8) | Any person with a direct and substantial interest in an application being brought ex parte, may deliver notice to oppose, supported by an affidavit setting forth the nature of such interest and the grounds upon which such person desires to be heard, whereupon the Registrar must set such application down as an opposed application. |
| (9) | Any person against whom an order is granted ex parte may anticipate the return day upon delivery of not less than twenty-four hours’ notice to the applicant and, where applicable, other interested parties. |
| (10) | Notwithstanding the aforegoing sub-rules, interlocutory and other applications incidental to pending proceedings may be brought on notice supported by such affidavits as may be necessary and set down at a time assigned by the Registrar or directed by the President of the Tribunal or the presiding Member. |
| (11) | Rule 19 shall apply to all applications as the context allows and as determined by the Tribunal President or the presiding Member. |