Court Terms
This means that a matter with postponed without a date as it is usually not possible to get a future court date before the matter is postponed. It also allows a court matter to be postponed and then put back onto the “court roll” at a later date and time.
It means that the eviction matter will no longer be heard in court on a particular date and a new court hearing date will need to be obtained for the eviction matter. This does not mean that the eviction matter is cancelled or terminated.
In terms of section 4(2) of the Prevention of Illegal Evictions From and Unlawful of Land Act, the occupiers of the property concerned must be notified of the eviction court hearing date.
In addition, the Courts now require that the occupiers be informed of their rights to oppose an eviction.
In light of the above, the Courts must be approached to have the Court approve (or authorise) a document that indicates the eviction court hearing date and informs the occupiers of their rights and this is the ‘section 4(2) notice’ or the ‘special notice’.
This is a court application that does not need to be served on (delivered to) another person. It is usually used where the court application will not affect the rights or obligations of any person.
This is the exception to the rule that all court papers must be served on (delivered to) all relevant roleplayers.
Evictions
It means that the eviction matter will no longer be heard in court on a particular date and a new court hearing date will need to be obtained for the eviction matter. This does not mean that the eviction matter is cancelled or terminated.
In terms of section 4(2) of the Prevention of Illegal Evictions From and Unlawful of Land Act, the occupiers of the property concerned must be notified of the eviction court hearing date.
In addition, the Courts now require that the occupiers be informed of their rights to oppose an eviction.
In light of the above, the Courts must be approached to have the Court approve (or authorise) a document that indicates the eviction court hearing date and informs the occupiers of their rights and this is the ‘section 4(2) notice’ or the ‘special notice’.