You are briefed this morning to appear in the High Court later the same day for an urgent interdict (injunction) application. How would you prepare your skeleton argument and oral submissions given the time pressure?
Junior advocates in South Africa are frequently asked to handle urgent applications under tight timeframes. This question assesses legal drafting, issue-spotting, time management and court etiquette skills essential for effective courtroom advocacy.
How to answer
- Begin with a one-sentence statement of the relief sought and the urgent factual matrix.
- Identify the legal causes of action or grounds for the interdict early (e.g., reasonable apprehension of harm, balance of convenience, irreparable harm; or statutory grounds depending on context).
- Cite the most relevant South African authorities and constitutional provisions succinctly (e.g., Constitution of the Republic of South Africa, applicable High Court or SCA decisions).
- Prioritise the authorities: include one or two binding or leading cases, then persuasive authorities; avoid overloading the bench with unnecessary citations.
- Structure the skeleton clearly: issues, facts (chronological, with relevant dates/times), legal argument, relief sought, and proposed order.
- Prepare a short oral summary (2–3 minutes) emphasising the key facts and legal tests; be ready to expand if the judge asks.
- Coordinate with instructing attorney to confirm affidavits are in order and to obtain any last-minute exhibits or factual clarifications.
- Prepare a clear chronology and a bundle index for the judge and opposing counsel.
- Anticipate and prepare responses to likely arguments from opposing counsel and any factual disputes.
- Ensure compliance with local court rules (e.g., service and filing times for urgent applications) and confirm logistics (courtroom, hearing time, COVID protocols if applicable).
What not to say
- Starting with long-winded background that buries the relief sought and legal test.
- Relying on a long list of obscure foreign authorities instead of leading South African cases.
- Saying you would wing the oral submission without a concise prepared summary.
- Ignoring procedural requirements for urgent applications (e.g., failing to confirm service or not filing necessary notice).
- Overpromising certainty on outcomes — avoid absolute guarantees.
Sample answer
“I would prepare a one-page cover for the court and counsel setting out the urgent relief sought, followed by a 3–4 page skeleton: (1) issues (clear statement of the test for an interdict under South African law), (2) concise chronology of events with dates, (3) the legal argument anchored on two leading SCA/Constitutional Court judgments, (4) why the balance of convenience and irreparable harm tests are satisfied, and (5) the specific order sought. I would include a short list of the most apposite authorities and a two-minute oral summary to open the matter. I would confirm with the instructing attorney that all affidavits and exhibits are paginated and filed, provide a bundle index to the judge, and prepare rebuttal points to anticipated defences. This approach ensures the court can grasp the core issues quickly despite time pressure.”
Ready to rehearse this answer out loud?
Practice this question