The duty on litigants to ensure proper service, particularly in
the case of urgent applications cannot be gainsaid.
Rule 6(12) of the Uniform Rules of Court permits litigants to bring
urgent applications before the court and in such cases, Judges may
condone shortened time periods for service and the manner in which
such applications are served. The departure from the ordinary
Rules of service will only be condoned depending on the extent to
which the Rules for service have been departed from as well as the
urgency of the matter.
In the case of South African Airways SOC v BDFM Publishers
(Pty) Ltd and others [2016] 1 All SA 860 (GJ), South African
Airways ("SAA"), a public company and organ of state
brought an urgent application against the City Press Newspaper and
other publishers ("respondents") to interdict the
publication of a document which had been prepared by SAA's
General Manager for Legal Risk and Compliance containing legal
advice regarding SAA's
