Summary judgment is a remedy that the plaintiff has at its disposal, where the plaintiff believes that the defendant has no bona fide defence, and is merely entering an appearance for the purpose of delaying the granting of judgment.

Pursuing summary judgment is based upon the sound argument that no triable issues of fact exist, and therefore no trial is necessary for a magistrate or judge to make a decision.[1] Should the magistrate or judge find that there are triable issues the application for summary judgment must be refused.[2] In the High Courts rule 32 apply to an application for summary judgment

“32. Summary judgment

(1) The plaintiff may, after the defendant has delivered a plea, apply to court for summary judgment on each of such claims in the summons as is only-

(a) on a liquid document;

(b) for a liquidated amount in money;

(c) for delivery of specified movable property, or

(d) for ejectment;

together with any claim for interest and costs.”

Its noteworthy that this rule was fairly recently amended, that is, summary judgment can only be sought after the defendant has served and filed a plea on merits. Prior to the amendment, the application for summary judgment could have been sought after the defendant served and filed a notice of intention to defend.
In the magistrate’s court, rule 14 applies to applications for summary judgment which provide:
“14. Summary judgment

(1) Where the defendant has served notice of intention to defend, the plaintiff may apply to court for summary judgment on each of such claims in the summons as is only-

(a) on a liquid document;

(b) for a liquidated amount in money;

(c) for delivery of specified movable property; or

(d) for ejectment,

together with any claim for interest and costs.”

In either case, the defendant must serve and file an affidavit stating whatever defence(s) he or she.


[1] Phillips v Phillips and Another (292/2018) [2018] ZAECGHC 40 (22 May 2018) 3.

[2] Phillips v Phillips and Another (292/2018) [2018] ZAECGHC 40 (22 May 2018) 3