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GUIDELINES IN RESPECT OF THE PROCEDURE ON APPEALS

TO THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

PLEASE NOTE the following Practice Rule has been initiated with
effect from the 1st of May 2011.

a) Documents longer than ten (10) pages lodged

with the Registrar, including records of
appeal, applications and heads of argument,
must in spite of the wording of the court
rules, ordinarily be printed on both sides of
the page;

b) Where a party uses single-sided printing, it must

be by letter to the Registrar indicate the reason
for this;

c) Records containing double-sided printing must

be bound in a way that permits both sides of
each page to be fully legible;

CIVIL CASES

APPLICATION FOR LEAVE TO APPEAL

RULE 6(1): Applications to the Supreme Court of Appeal of

South Africa are lodged pursuant to the
provisions of Section 17(2)(b) of the Superior
Courts Act Nr 10 of 2013 within ONE (1)
MONTH after the date of judgment or order of
the Court a quo refusing leave to appeal. The
application must be printed double sided and be
lodged in triplicate after service on the
Respondent's attorney.

RULE 6(2): Every application for leave to appeal must be

accompanied by:-

(a) a copy of the order of the Court a quo

appealed against;
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(b) a copy of the judgment delivered by the

Court a quo;

(c) a copy of the order refusing leave to appeal

by the Court a quo; It is imperative that the
order of the Court a quo appealed against
must accompany the application, failing
which the Registrar will reject same as the
proviso to this Rule is only applicable to
the late filing of the judgments of the Court
a quo;

(d) a copy of the judgment of the Court a quo

refusing such leave to appeal. The court is
aware that many practitioners are battling
to obtain such judgments from the court a
quo.

As such, upon written request to the

Registrar an extension of 1 month may be
given. Should such Judgment still not be
forthcoming, a further request for a further
extension, alternatively that the matter be
decided upon without such judgment must
be lodged together with proof of all
attempts made to obtain such
transcript.

Should such application not be served on all of

the parties from the court a quo, a letter to the
court addressing the reasons therefore must
accompany such application. We do however
advise that such notice should be served on all
parties regardless.

RULE 6(3): Every answering affidavit must be lodged in

triplicate within one (1) month after service of
the application on the respondent.

RULE 6(4): An applicant shall then within ten (10) days

after receipt of the respondent's answer, be
entitled to lodge a replying affidavit dealing
strictly only with new matters raised in the
answer.
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RULE 6(5)(a)(i) to (iv)

And 6(5)(b) Practitioners are referred to the content of these
sub-paragraphs which sets out what the
founding affidavit, the answering affidavit and
replying affidavit must contain. The Court
insists that the application and affidavits must
be clear and to the point. The Court will reject
bulky unnecessary affidavits and it has been
stated that it will award punitive costs against
the attorneys for failing to adhere to the
provisions of this Rule.

Kindly note that the application shall not be

accompanied by the record and any traverse
extraneous matters i.e. such as heads of
argument that were lodged in the Court a quo.

Kindly note that the court has once again

raised this issue with the local practitioners
and have stated that they shall be applying
these rules more stringently and as such we
request that you ensure compliance is made.

The Notice of Motion as set out in Form 1 to the

Rules as published in the Government Gazette of
the 27th November 1998, Gazette No 19507,
must be filed together with the accompanying
affidavit of the applicant.

Kindly note the founding affidavit and

answering affidavit shall not exceed thirty (30)
pages each, whilst the reply must not exceed ten
(10) pages.

It is imperative to note that many correspondents

request the Bloemfontein attorney not to peruse
the petition and/or annexures in order to obviate
unnecessary costs. This has now become an
impossible task as the duty is placed squarely on
the shoulders of the attorney in Bloemfontein
lodging the application for leave and for that
matter the record in appeals to ensure that the
documentation is firstly legible, secondly not
marked or defaced and thirdly contains the
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correct annexures referred to in the affidavits.

Consequently, copies of all such documents to be
lodged with the Registrar of the Supreme Court of
Appeal, must be made available to the
Bloemfontein attorney for perusal.

APPLICATION FOR RECONSIDERATION

SECTION 17 (2) (f)

Kindly note that Applications for Reconsideration

to the President must be brought in the exact
same format as the normal applications in terms
of Rule 6. The same time frames are also
applicable.

It is however important to note that affidavits

cannot exceed 10 pages.

Annexed to the Founding Affidavit must be the

complete application for Leave to Appeal to the
SCA as well as the order of the SCA dismissing
leave to appeal.

Once all pleadings have been lodged, such

document must be bound, indexed and
paginated.

NOTICE OF APPEAL:

RULE 7(1): The Notice of Appeal is to be lodged within one

(1) month after the date of judgment or order of
the Court a quo where leave to appeal is not
required or within one (1) month after the order
granting leave to appeal where leave to appeal is
required.

RULE 7(2): Every Respondent who wishes to cross appeal,

shall within one (1) month after receipt of the
Appellant's Notice of Appeal, lodge a Notice of
Cross Appeal. Kindly note that both the Notice
of Appeal and Notice of Cross Appeal must be
lodged with the Registrar of the Supreme Court
of Appeal in Bloemfontein and the Registrar of
the Court a quo.
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RULE 7(3): A Notice of Appeal and Cross Appeal shall state

what portion of the judgment or order is
appealed against and state the particular aspect
in which the variation of the order is sought.
This is an important amendment.

RECORD

RULE 8(1): The record on appeal must be lodged within

three (3) months of the date of the lodging of the
Notice of Appeal. It is important to note that
when lodging the record, the Registrar must be
advised what portion of the record is in English
and what portion is in Afrikaans. This is a new
directive from the President in view of the fact
that certain of the Judges do not understand
and/or are unable to read Afrikaans.

RULE 8(2): The time limit for lodging of the record may be
extended by written agreement between the
parties or by the Registrar upon written request
to him with notice to all parties. However, the
Registrar shall not be entitled to extend this
period for more than two (2) months.

RULE 8(3): Should the record not be lodged within the

prescribed period or any extended period as
agreed upon, the appeal shall lapse.

RULE 8(6): This Rule deals particularly with the preparation

of the record and it is important that
practitioners acquaint themselves herewith and
advise the transcribers of the more finer details
and requirements of the Court with regard to the
preparation of the record (See Rule 8(6)(a) to (j)).
The record must be divided into volumes of
approximately 100 pages each and no more.
The volume number and the number of the
pages contained in the specific volume, must
also appear on the upper third of the spine of the
volume. No spiral binding in respect of the
Court record is acceptable. At least twelve (12)
copies of the record must be prepared: six (6)
copies for Court; one (1) copy for Counsel; one
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(1) copy for the instructing attorney; one (1) copy

for the Bloemfontein attorney and three (3)
copies for the Respondent's attorney who must
make a copy available to his Bloemfontein
correspondent. It is imperative that the
Bloemfontein attorney be provided with a copy of
the record by virtue thereof that at stages queries
are raised by the Registrar and/or the Judges in
regard to the record which then have to be
resolved by the Bloemfontein attorney. The
Court has furthermore held that where a
defective record is lodged with the Registrar, that
the attorneys forfeit their costs alternatively that
costs be paid personally de bonis propriis by the
attorneys concerned. It is therefore important
for Bloemfontein attorneys to be furnished with a
copy of the record whether he acts for the
appellant or the respondent.

We strongly recommend that our correspondents

make contact with Colleen Gardner of Appeal
Document Services in order for them to assist in
the compiling and printing of such record. They
can be reached at info@appealdocs.co.za,
alternatively Colleen Gardner on telephone
number 082 773 4101, Grant Gardner on
telephone number 071 462 9332 or on their
landline being 011 463 4248.

RULE 8(7): Practitioners are referred to the Rule dealing with

a core bundle of documents to be prepared if it is
appropriate to do so in the specific appeal.

Kindly note that, where appropriate, the court

will request that a core bundle be filed
separately to the Record.

The core bundle must consist of material

documents of the case in a proper and
chronological sequence. Documents omitted
from the record must be contained in the core
bundle and the record shall indicate where such
documents are to be found in the core bundle.
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The core bundle must only consist of documents

pertinent to the matter and what will be
frequently referred to. It must not contain any
pleadings or affidavits.

It has become more important that a core bundle

be lodged and you are pleased to take note
hereof.

RULE 8(8): This Rule deals with an appeal which is to hinge

exclusively on a specific issue of law or fact and
in terms hereof an appellant shall within ten
(10) days of the noting of the appeal request the
respondent's consent to submit such issue to the
Court failing which the respondent may within
ten (10) days thereafter make a similar request
to the appellant.

RULE 8(8)(c): It has now become peremptory for appellants to

comply with the provisions of Rule 8(8)(c) in the
event of an appeal to hinge exclusively on a
specific issue of fact of law. Should this not be
the case, then a letter must be addressed to the
Registrar by the appellant lodging the record,
that the appeal is not likely to hinge on such a
specific issue of law or fact. PLEASE TAKE
NOTE OF THIS IMPORTANT AMENDMENT.

RULE 8(9): Similarly, when a decision is likely to hinge

exclusively on a part of the record, a request
must be made by the appellant to the respondent
within ten (10) days of noting of the appeal, and
the respondent must within ten (10) days agree
thereto or not. Should the appellant fail to make
such request, the respondent may within ten
(10) days thereafter make such a request to the
appellant.

SECURITY

RULE 9(1): This Rule has changed in the sense that the
Court which grants leave to appeal to the
appellant, will order the appellant to provide
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security for the respondent's costs of appeal.

Should the Court not order security, then as the
Rule stands, it is unnecessary for the appellant
to furnish security.
(Please note that where security is to be
furnished, the Registrar insists as a courtesy,
that a letter from the respondent's attorney
confirming that he is satisfied with the security
furnished, must accompany the record).

HEADS OF ARGUMENT

RULE 10(1): Unless the President otherwise direct, the

appellant must lodge six (6) copies of the Heads
of Argument within six (6) weeks from the date
of the lodging of the record. The respondent
shall lodge with the Registrar six (6) copies of
their Heads of Argument within one (1) month
from the receipt of the appellant's Heads of
Argument. The Registrar will not dispatch
notices calling for Heads of Argument to be filed
within the specific period stated in the Rule and
it is therefore the duty of the parties to adhere to
the provisions of this Rule.

RULE 10(2)(A): If the appellant fails to lodge Heads of Argument

the Appeal will lapse. Similarly, should the
respondent fail to lodge Heads of Argument the
Appeal shall be enrolled for hearing and the
Court may then, in the absence of any defaulting
party and after hearing argument make such
order as it deems fit.

Kindly note that each point raised in the Heads

of Argument shall be separately numbered and
stated concisely as the nature of the case allows
and must be followed by a reference to the
Record or an authority in support of the point.

Kindly refer counsel to Rule 10(3)(b) dealing with

the authority cited and the proposition of law
that such authority states.
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RULE 10(3)(d): Heads of Argument of the appellant shall now be

accompanied by a chronology table duly crossed-
referenced, without argument. In the past a
chronology table was not peremptory but now it
is.

The list of authorities to be quoted in support of

the argument and attached to the Heads of
Argument shall indicate with an asterisk the
authorities to which particular reference will be
made during the course of the argument.

Please note that any authority not readily

available and referred to in the Heads of
argument shall be bound into a separate volume.
The Heads of Argument shall also define the
form of order sought from Court.

Furthermore, any photocopy or printout from

any electronic database or any statue regulation
rule ordinance etc directed at issues shall
accompany the Heads of Argument but to be
bound in a separate volume.

NB: Kindly note that Heads of Argument of both the

appellant and respondent shall not exceed forty
(40) pages unless the Judge, on request by either
party, otherwise orders.

It is not necessary to quote long portions of the

record or case law and counsel is requested to
refer the court to the exact page and passage to
which they are relying upon.

Should a core bundle be filed, the Heads of

Argument must, as far as possible, make
reference to the pages of the core bundle and not
the Record itself.

The Judges have now requested that reference to

the authorities that are to be referred to in
argument, must be marked with an asterisk and
reference to the relevant pages of the authorities
must be quoted in the heads of argument for the
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convenience of the Judges.

Once again kindly note in terms of Rule 10(4)(b)

that all annexures to the Heads of Argument
shall be bound separately.

RULE 10(3): This Rule deals with the format of the Heads of
Argument and what the contents should consist
of.

RULE 10(4)(C): A brand new Rule has been introduced in that all
Heads of Argument shall be bound with plastic
comb binders (ring binders) and card covers,
white for the appellant and blue for the
respondent. (Apparently to help the Judges
when preparing).

RULE 10(A): Please note that the practice note which must
accompany the Heads must comprise of
especially a certificate to be signed by counsel
who prepared the Heads of Argument confirming
compliance with the provisions of Rule 10 –
dealing with the Heads of Argument and Rule
10A(a) dealing with the practice note.

CONDONATION

RULE 12: Practitioners are referred to the contents hereof

that applications for condonation are required for
the late lodging of the record or for an
amendment of the record.

NOTICE OF SET DOWN

RULE 13: A notice of set down is forwarded by the

Registrar to the Bloemfontein attorney enrolling
the matter for hearing. However, kindly note an
important amendment has been included in Rule
13(4) which states that whilst an Appeal is
pending enrolment, the Registrar must be
informed immediately should counsel for either
party not be available during the next ensuing
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term and if enrolment may clash with any

religious holidays which any of the legal
representatives or the parties in the case wish to
observe.

ORAL ARGUMENT

RULE 14: Kindly note that time limits set down for
argument shall be the following:-

Two (2) hours for the appellant main argument,

two (2) hours for the respondent argument and
answer and a quarter of an hour (15min) for
argument in reply. These time limits may be
amended subject to the presiding Judges'
directions.

Furthermore, it is now important to note

provision of Rule 14(2) dealing with the language
which the party intends to argue differs from the
language in which the heads of argument are
drawn. The registrar must be notified at least
three (3) weeks before the hearing of the change
of language.

RULE 16(A): WITHDRAWAL

It is important for the appellant to immediately

inform the registrar through the offices of the
Bloemfontein attorney of record that the appeal
is to be postponed or has been settled. The
practice is to notify the Registrar in writing and
thereafter to immediately file an appropriate
notice of withdrawal.

Should an attorney wish to withdraw as attorney

of record in an Appeal, the prosedure as set out
in the Uniform rule of court 16(4) "High Court
Rule" must be followed.

RULE 17: VIEW OF TAXATION

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Please read the provision of Rule 17 dealing with

the review of taxation which now no longer is
necessary to be argued in open court unless
however the President so orders.

Should anything not be clear please feel free to contact us in order to

discuss the matter.

Compiled by:
PETER YAZBEK
LOVIUS-BLOCK INC
31 FIRST AVENUE
WESTDENE
BLOEMFONTEIN
P O Box 12196
BRANDHOF
9324
Docex 21
BLOEMFONTEIN
TEL:(051) 430-3874/5/6/7/8
FAX: (051) 447-6441
EMAIL: pdy@lvba.co.za or melanie@lvba.co.za