| 1. |
The application for eviction must be a separate application.
The procedure to be adopted (except in urgent applications) is as follows: |
| |
1.1 |
The notice of motion must follow Form 2(a). |
| |
1.2 |
The notice of motion must allow not less than five days from date
of service of the application for delivery of a notice of intention to
oppose. |
| |
1.3 |
The notice of motion must give a date when the application will
be heard,
in the absence of a notice of intention to oppose. |
| 2. |
After the eviction application has been served and no
notice of intention to oppose has been delivered or if a notice of intention
to oppose has been delivered at a stage when a date for the hearing of
the application has been determined, the applicant may bring an ex parte
interlocutory application authorising a section 4(2) notice and for directions
on service. |
| 3. |
When determining a date for the hearing of an eviction
application, sufficient time must be allowed for bringing the ex parte
application, for serving the section 4(2) notice and for the 14 day notice
period to expire. |
| 4. |
If the eviction application is postponed in open court
on a day of which notice in terms of section 4(2) was duly given, and
if the postponement is to a specific date, it will not be necessary to
serve another section 4(2) notice in respect of the latter date. |
| 5. |
A number of pro forma orders are attached hereto for
the guidance of practitioners. The orders must be adapted to meet the
exigencies of each case. |
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