1. How do I calculate the 1 month in which to lodge my documents?
The 1 month period is a calendar month and not 30 days. For example if your order is dated on the 16th of this month your papers will be due by the 16th of next month.
2. What happens when my due date falls on a weekend / public holiday?
The due date will automatically roll over to the next available Court day.
3. What is my cut-off time to lodge?
It is very important to know that the Supreme Court of Appeal general office closes at 15h00 every day. So make sure to calculate sufficient time for copying, binding and serving prior to lodgement.
4. Is dies non applicable to all documents?
The period between 16 December – 15 January (both dates inclusive) shall not be taken into account in the calculation of any period in terms of the Rules. Kindly note that dies non is not applicable to Applications for Leave to Appeal.
5. What can I do when my papers are due for lodgement and the Court Order dismissing leave to appeal is not yet available at the Court a quo?
Kindly note paragraph 1 of the latest practice directive below. Make sure that the Registrar of the Court a quo notes all the necessary details in his letter.
“1. Because of problems experienced in obtaining orders from registrars in High Courts, the Registrar will for the time being accept applications for leave to appeal or notices of appeal without the certified copy of the order as required by rule 6(2)(c) or 7(3)(c). Instead, a letter from the Registrar of the Court certifying the date of the order will be sufficient.”
6. Do I need to apply for a hearing date?
No. The allocation of dates for the hearing of appeals and the compilation of the Court roll are entirely in the discretion of the President of the Court; accordingly the Court will provide all relevant parties with a Notice of Set Down.