SUPREME COURT ACT 59 OF 1959 - Law Society Library

1 SUPREME COURT ACT 59 OF 1959 TABLE OF CONTENTS RULES OF COURT of 27 November 1998 Rules of COURT SUPREME COURT of Appeal of South Africa of 1 May 1902 Rules Regulating the Conduct of the Proceedings of the Transvaal Provincial Division and Witwatersrand Local Division of the SUPREME COURT of South Africa GN 41 of 13 January 1938 Rules Regulating the Conduct of Proceedings of the Cape Provincial Division of the SUPREME COURT of South Africa of 12 January 1965 Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High COURT of South Africa of 1 April 1966 Rules Regulating the Conduct of Proceedings of the Northern Cape Division of the SUPREME COURT of South Africa of 12 September 1969 Rules Regulating the Conduct of the Proceedings of the Eastern Cape Division of the SUPREME COURT of South Africa of 12 September 1969 Rules Regulating the Conduct of the Proceedings of the South-West Africa Division of the SUPREME COURT of South Africa of 3 July 1970 Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the SUPREME COURT of South Africa Relating to Circuit

2 Courts of 18 August 1978 Rules Regulating the Conduct of the Proceedings of the Natal Provincial Division of the SUPREME COURT of South Africa of 21 March 1986 Tariff of Allowances Payable to Witnesses in Civil Cases GN 23 of 8 January 1988 Rules of COURT Governing the Practical Examinations and the Admission of Attorneys, Notaries and Conveyancers GN 7 of 5 January 1990 Circuit Districts of the Transvaal Provincial Division of the SUPREME COURT of South Africa GN 1028 of 3 June 1994 Circuit Districts: Natal Provincial Division of the SUPREME COURT of South Africa of 18 April 1997 Rules regulating the conduct of the admiralty proceedings of the several provincial and local divisions of the SUPREME COURT of South Africa of 12 March 1999 Extension of Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High COURT of South Africa GN 680 of 7 July 2000 Rules Regulating the Conduct of the Proceedings of the Venda High COURT of South Africa of 7 September 2007 Rules regulating the conduct of the proceedings of the Orange Free State

3 Provincial division of the High COURT of South Africa (Government Gazette No. 30253) PRACTICE NOTES Practice Note No. 1 of 1996 Commercial COURT Practice Direction Practice Direction 1997 (3) SA 345 (SCA) of 26 May 1997 SUPREME COURT of Appeal SUPREME COURT of Appeal GOVERNMENT NOTICES of 8 February 1985 Notices in terms of section 3 (9) of the Act of 5 September 1986 of 1 December 1993 Determination of amount for purposes of execution of 2 February 1996 Civil appeals from Inferior Courts GN 1031 of 29 August 2008 Notice of COURT Term Dates for 2009 in the Natal Provincial Division and Durban and Coast Local Division of the High COURT (Government Gazette No.)

4 31359) GN 1219 of 11 September 2009 Notice of COURT term dates for 2010 in the KwaZulu-Natal High COURT , Durban and Pietermaritzburg (Government Gazette No. 32554) PRACTICE MANUALS GN 535 of 2 April 2004 Practice Manual of the KZN Division of the High COURT TABLE OF REPEALS The following notices have hereby been repealed: Repealed Notices As repealed by GN 221 of 23 July 1902 Rules Regulating the Conduct of the Proceedings of the Orange Free State Provincial Division of the SUPREME COURT of South Africa of 12 September 1969 Rules Regulating the Conduct of the Proceedings of the Orange Free State Provincial Division of the SUPREME COURT of South Africa of 15 December 1961 Rules of COURT Appellate Division of the SUPREME COURT of South Africa of 27 November 1998 Rules of COURT SUPREME COURT of Appeal of South Africa of 12 September 1969 Rules Regulating the Conduct of the Proceedings of

5 The Orange Free State Provincial Division of the SUPREME COURT of South Africa of 7 September 2007 Rules regulating the conduct of the proceedings of the Orange Free State provincial division of the High COURT of South Africa (Government Gazette No. 30253) of 1 November 1991 Tariff of Allowances Payable to Witnesses in Civil Cases (Government Gazette No. 13604) of 11 April 2008 Tariff of Allowances Payable to Witnesses in Civil Cases (Government Gazette No. 30953) RULES OF COURT AND TARIFF OF ALLOWANCES PAYABLE TO WITNESSES IN CIVIL CASES AND NOTICE IN TERMS OF SECTION 3 (9) OF ACT 105 OF 1983 of 27 November 1998: Rules of COURT SUPREME COURT of Appeal of South Africa The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No.)

6 107 of 1985), with the approval of the Minister of Justice, made the rules in the Schedule. ARRANGEMENT OF REGULATIONS 1. Definitions 2. COURT Terms 3. Registrar s Office Hours 4. General Powers and Duties of Registrar 5. Power of Attorney 6. Application for Leave to Appeal 7. Notice of Appeal 8. Record 9. Security 10. Heads of Argument 11. Powers of the Chief Justice or the COURT 12. Application for Condonation 13. Set-Down 14. Oral Argument 15. In Forma Pauperis 16. Amicus Curiae Submissions 17. Taxation of Costs 18. Attorneys Fees 19. Fees of the COURT 20. Repeal of Rules 21. Short Title and Commencement Form 1 Notice of Motion 1.

7 Definitions. (1) In these rules unless inconsistent with the context apply means apply on notice of motion on the prescribed form in the Annexure, and application has a corresponding meaning; COURT means the SUPREME COURT of Appeal of South Africa; COURT day means any day other than a Saturday, Sunday or public holiday; judge means a judge or an acting judge of the COURT sitting otherwise than in open COURT ; lodging of documents with the registrar means the lodging of documents with the registrar through an attorney practising in Bloemfontein or, if a party is not represented by an attorney, by registered post or by that party personally, after prior service of copies of such documents on any other party; party or any other reference to a litigant in terms includes a legal practitioner appearing on behalf of a party, as the context may require; and registrar means the registrar of the COURT and includes any acting or assistant registrar of the COURT .

8 (2) (a) Only COURT days shall be included in the computation of any time expressed in days prescribed by these rules or fixed by any order of the COURT . (b) The period between 16 December and 15 January (both dates inclusive) shall not be taken into account in the calculation of any period in terms of these rules. 2. COURT Terms. (1) There shall be four terms in each year as follows: 15 February to 31 March, inclusive; 1 May to 31 May, inclusive; 15 August to 30 September, inclusive; 1 November to 30 November, inclusive. (2) A matter may be heard out of term if the Chief Justice so directs.

9 (3) If the day fixed for the commencement of a term is not a COURT day, the term shall commence on the next succeeding COURT day and, if the day fixed for the end of a term is not a COURT day, the term shall end on the business day preceding. 3. Registrar s Office Hours. (1) The office of the registrar shall be open on COURT days from 08:30 to 13:00 and from 14:00 to 15:30, save that no documents shall be lodged after 15:00. (2) The registrar may in exceptional cases accept documents at any time, and shall do so when directed by a judge. 4. General Powers and Duties of Registrar.

10 (1) (a) The registrar may refuse to accept any document tendered for lodging if, in the registrar s opinion, it does not comply with these rules: Provided that if proper copies of the rejected documents are submitted within 10 days of rejection, such lodging shall not be deemed untimely. (b) The registrar may provisionally accept, in lieu of the original document tendered for lodging, a copy (including a facsimile or other electrionic copy) thereof, but the original shall be filed within 10 days thereafter. (2) (a) A notice of appeal or the first application in an intended appeal shall be numbered by the registrar with a consecutive number for the year during which it is filed.