How A Reconsideration Application Gives You A Second Bite At The Cherry

When an urgent eviction order lands without warning – especially while you are outside the country – the sense of helplessness is immediate. Vacate by the date ordered by the Court or face the sheriff; those are the only choices most people see. Yet South African civil procedure rules build in a safety valve for precisely this scenario: Rule 6(12)(c) of the Uniform Rules of Court. It allows the party shut out of an urgent hearing to bring the same matter back before the judge, armed with the evidence that never made it onto the record the first time.

The real-life catalyst

A commercial tenant recently approached us after returning from a brief overseas trip to discover an urgent eviction order waiting on her desk. The landlord's version, presented ex parte, painted the picture of a short-term office lease that had expired. The court granted an order authorising the sheriff to remove the tenant and any movable property if she failed to vacate by the deadline.