IN THE SUPREME COURT OF SOUTH AFRICA

In the matter between: 
ANGELIKA HERMAN 
And
ULRICH OTTO VON OPPEL

JUDGMENT

The first thing that is obvious to me is that the matter, such as it is, is not ripe for hearing. Neither side, it seems to me, can yet have had an opportunity to consider properly and to digest the contents of the voluminous flurry of paper which has been generated in this matter over the past two weeks or so, and to formulate considered arguments for the benefit of the Court. This is manifest from the absence of heads of argument. Equally important is the fact that the Court itself has been deprived of a proper opportunity to read, digest and consider the content of the mass of recent documentation which has been delivered in this matter. Such consideration is essential to a proper understanding and ventilation of the issues and an adequate evaluation of the arguments to be advanced in Court on behalf of the parties. That is one of the principal reasons for the existence of the rules which govern the periods within which affidavits and other documents must be delivered. The parties, and especially the applicant, have ridden rough-shod over those rules and treated them as if they did not exist. No doubt they were spurred on to do so by the unfortunate fact that this matter had, in my view, completely unjustifiably, been allocated a place on the semi-urgent roll.

Genuine urgency can sometimes call for a departure from strict compliance with the periods stipulated in the rules. In its absence they must, generally speaking, be observed.

THRING, J