Supreme Court Rules 2018

Supreme Court Rules, 2018
SI 84/2018
ARRANGEMENT OF RULES
PART I
PRELIMINARY Rule
1. Title.
2. Interpretation.
PART II
GENERAL
3. Reckoning of time.
4. Departure from rules.
5. Hearing of applications.
6. Heads of argument.
7. Report.
8. Judgment.
9. Postponement and settlement.
10. Address for service.
11. Service.
12. Service of notices of set down.
13. Orders of registrar.
14. Renunciation of agency by legal practitioner.
15. Special orders as to costs.
PART III
APPEALS FROM THE HIGH COURT
16. General for all appeals.
17. Record.
PART IV
CRIMINAL APPEALS FROM THE HIGH COURT
18. Noting of appeals.
19. Grounds of appeal.
20. Applications for leave to appeal.
21. Application for extension of time or leave to appeal out of time.
22. Legal aid.
23. Record.
24. Stated case.
25. Set down.
26. Dismissal of appeal for want of prosecution.
27. Applications.
28. Applications to lead further evidence.
29. Written arguments in lieu of appearance.
PART V
APPEALS BY PROSECUTOR-GENERAL FROM HIGH COURT
30. Noting of appeals where no leave required.
31. Preparation of record and service thereof on respondent.
32. Set down.
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33. Applications for leave to appeal.
34. Applications out of time.
35. Abandonment of appeal.
36. Legal aid.
PART VI
CIVIL APPEALS FROM THE HIGH COURT
37. Entry of appeal.
38. Time for entry of appeal.
39. Applications generally.
40. Applications to lead further evidence on appeal.
41. Power to allow amendment.
42. Any other application.
43. Applications for leave to appeal or extension of time to appeal.
44. Grounds of appeal.
45. Cross appeal and abandonment of judgment.
46. Preparation and service of record.
47. Stated case.
48. Abandonment.
49. In forma pauperis proceedings.
50. Written arguments.
51. Preliminary objections.
52. Setting down of appeal and heads of argument.
53. Dismissal of appeal in absence of heads of argument or appearance.
54. Third parties.
55. Security.
56. Taxation.
PART VII
MISCELLANEOUS APPEALS AND REFERENCES
57. Application.
58. Interpretation of terms.
59. Notice of appeal.
60. Time within which notice to be given.
61. Application for extension of time to appeal.
62. Record.
63. Special cases referred or reserved to court.
64. Casus omissus.
PART VIII
BAIL APPLICATIONS AND APPEALS
65. Bail application pending appeal or leave to appeal.
66. Appeals by Prosecutor-General against grant of bail.
67. Appeals against refusal of bail.
68. Urgency of bail applications and appeals.
69. Judge may call for judgment or record.
PART IX
MISCELLANEOUS
70. Reinstatement of appeals generally.
71. Referrals in terms of section 175 (4) of the Constitution.
72. Forms.
73. Application of High Court Rules.
74. Custody of exhibits used at trial.
75. Conduct and dress of persons appearing and attending court.
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76. Repeals and savings. First Schedule: Forms.
Second Schedule: Repealed rules.
IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs has, in terms of section 34(4) of the Supreme Court Act [Chapter 7:13], hereinafter called “the Act”, approved the following rules of court made by the Chief Justice, in terms of subsection (1) of that section, for regulating the proceedings of the Supreme Court—
PRELIMINARY
1. Title These rules may be cited as the Rules of the Supreme Court, 2018.
2. Interpretation
(1) In these rules—
“court” means the Supreme Court;
“judge” means the Chief Justice, a judge of the Supreme Court and an acting judge of the Supreme Court;
“legal practitioner” means a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07];
(2) Where the word “registrar” appears in these rules such reference shall—
(a) except where mention is made specifically of a registrar of the High Court, be construed as a reference to a registrar of the Supreme Court;
(b) be construed as including a deputy registrar and an assistant registrar appointed in terms of section 33 of the Act;
(c) be construed as being the appropriate registrar, that is to say, the registrar whom any registrar shall indicate as the appropriate registrar and, in the absence of any such indication—
(i) in the event of an appeal, the registrar upon whom the appellant serves his or her notice of appeal or, where leave to appeal is necessary, the registrar at the place where application for leave to appeal is made;
(ii) in the event of an application, the registrar upon whom a copy of the application is first served.
(3) Any reference in these rules to “counsel” shall be read and construed as a reference to a legal practitioner.
(4) Any reference in these rules to “legal representative” includes any person authorised by any law to represent any litigant.
PART II
GENERAL
3. Reckoning of time
Where anything is required by these rules to be done within a particular number of days or hours, a Saturday, Sunday or public holiday shall not be reckoned as part of the period.
4. Departure from rules
Subject to the provisions of section 19(3) of the Act, a judge or the court may direct a departure from these rules in any way where this is required in the interests of justice and, additionally or alternatively, may give such directions in matters of practice or procedure as may appear to him or it to be just and expedient.
5. Hearing of applications
An application made to a judge under these rules may be heard either in chambers or in open court and at such time as the judge may determine.
6. Heads of argument
(1) Subject to the provisions of rule 52, counsel may, in any matter which is to be heard before the court or a judge submit written heads of argument for the assistance of the court and shall submit such written heads of argument when requested to do so by a judge.
(2) Where written heads of argument are requested by a judge in terms of subrule (1) and subject to any direction which may be given by the judge, the provisions of rule 52 shall apply mutatis mutandis.
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7. Report
(1) A. judge may, in any appeal or application, request any judge or magistrate of a subordinate court to furnish a report on any matter which arises in, or is relevant to, such appeal or application.
(2) Copies of such request and of such report shall be given to such persons as the judge may direct.
8. Judgment
(1) In an application, judgment may be given at the hearing or in such other manner as the court or judge hearing the application may think fit and by the issue, thereafter; of an order by a registrar..
(2) Judgment in an appeal, if not given at the hearing of the appeal or at a time specified by the court, shall be given at a time of which notice shall be given to the parties by a registrar.
(3) Judgment in an appeal shall be pronounced in such manner as may be determined by a judge of the court which gives it, whether or not he or she was present at the hearing and whether or not the other judges who were present at the hearing are present.
(4) A registrar shall draw up and certify all judgments and shall transmit a certified copy of the judgment, together with the reasons therefor, if any, to the registrar or clerk of the court appealed from.
9. Postponement and settlement
(1) If for any reason it appears desirable that the hearing of an appeal or an application must be postponed, an order to that effect may be made by the court or by a judge.
(2) It shall be the duty of all parties to a civil appeal to furnish without delay to a registrar all available information as to the appeal being or being likely to be settled, or affecting the estimated length of hearing, and, if the appeal is settled or is withdrawn, to notify a registrar of that fact without delay.
10. Address for service
(1) Every appellant or applicant in the court shall, at the time when he or she notes an appeal or makes any application, give an address at which he or she will accept service in terms of these rules, including service by registered post or electronic mail in terms of rule 11.
(2) If a person is legally represented, the address given in terms of subrule (1) shall be the address of his or her legal practitioner.
(3) Subject to rule 14, a legal practitioner may at any time renounce his or her agency by giving notice to his or her client and to a registrar but, until the client furnishes the registrar with, and notifies the opposite party of, a new address for service and any process served on the retiring legal practitioner at his or her address for service shall be considered good service and the retiring legal practitioner shall notify his or her former client of the service of any such process by letter addressed to the client’s last-known address.
(4) If an address for service has been given in terms of these rules other than the address of a legal practitioner in terms of subrule (2) and the person concerned changes such address, he or she shall notify a registrar and other parties to the proceedings of the new address and if he or she fails to make such notification, his or her address for service shall be deemed to be the address given in terms of subrule (1).
11. Service
(1) Subject to rule 12, any document required by these rules or by direction of the court or any judge to be served on any person shall be served as follows—
(a) if the person to be served has given his or her address for service as being that of a legal practitioner, by delivery at the office of that legal practitioner or by sending the document by registered post to that legal practitioner;
(b) if the person to be served has given an address other than that of his or her legal practitioner for service, service may be effected personally or on a responsible person thereat by any person authorized thereto by a registrar or by the Sheriff or by sending the document by registered post, electronic mail or express courier service;
(c) if the person to be served is in custody, by delivery to, or by sending the document by registered post to, the person in charge of the place of custody in which that person is detained;
(d) if the person to be served is the Attorney-General or Prosecutor-General, by delivery to his or her office or by posting the document by registered post to him or her;
(e) if the person to be served is a registrar of the Supreme Court or High Court or any other court, by delivery to, or posting the document by registered post to, the registrar concerned:
Provided that for the purposes of this paragraph, service of the document shall be deemed to have been effected at the time it is received by the registrar concerned.
(2) Proof of service in terms of subrule (1) shall be effected—
(a) where service is effected at the office of a legal practitioner, by production of a receipt signed by the
legal practitioner or his or her agent accompanied by a certificate by the person effecting service to the effect that the document delivered is the document to which the receipt relates;
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(b) where service is effected by means of registered post, by production of a certificate of posting by registered post accompanied by a certificate by the person posting the document that the document posted is the document to which the certificate of posting relates;
(c) where service is effected by a litigant himself or herself, by an affidavit of service in Form 1 stating that the document concerned was personally served by him or her on the person concerned and stating the specific manner in which service was effected;
(d) where service is effected by electronic mail, by production of a copy of the mail and the document so sent together with an affidavit from the sender that the document sent is the one to which the email relates;
(e) where service is effected by express courier service, by production of a receipt accompanied by an affidavit by the person effecting service to the effect that the document delivered is the one to which the receipt relates;
(f) where service is effected by the Sheriff, by means of a return of service;
(g) where service is effected by delivery to the person in charge of the place of custody in which a person is detained, by production of a receipt signed by an official at the place of custody accompanied by a certificate by the person effecting service to the effect that the document delivered is the document to which the receipt relates.
(3) If a document has to be served by a person who is in custody and who is not legally represented, it shall be submitted to the officer in charge of the place of custody who shall forward it forthwith to a registrar or the registrar of the High Court, as the case may be and that registrar shall thereafter be responsible for ensuring it is served on the person to be served. For the purpose of determining whether any act performed by the person in custody has been performed timeously the time of service shall be regarded as the time when the document was submitted to the officer in charge of the place of custody.
(4) If any difficulty arises in serving a document in accordance with this rule, a judge may, at the request of a registrar, give special directions as to service and a document served in accordance with such directions shall be regarded as properly served.
(5) Notwithstanding anything to the contrary in this rule, any document required by these rules or by the direction of the court or any judge to be served on any person may be served in the manner specified in section 40 of the Interpretation Act [Chapter 1:01].
12. Service of notices of set down
(1) All notices of set down shall be served by the Sheriff at the appropriate address for service provided in terms of rule 10.
(2) At the time of filing an appeal or application, the appellant or applicant shall deposit with the Sheriff an amount as determined by the Sheriff as security for costs of service of all notices of set down.
(3) A copy of the receipt obtained in terms of subrule (2) shall be furnished to a registrar by the party concerned within five days of filing the appeal or application.
(4) When a matter is ready for set down, the registrar shall submit a notice of set down to the Sheriff for service to be effected.
(5) The Sheriff shall submit the return of service to the registrar within five days after service has been effected and, in any event, not less than five days before the date of hearing.
(6) If a party fails to comply with the provisions of subrule (3), the appeal or application shall be regarded as abandoned and shall be deemed to have been dismissed.
13. Orders of registrar
(1) Any person aggrieved by any act, order or decision of a registrar, other than an act performed or order or decision made at the direction of a judge, may apply to have such act, order or decision set aside.
(2) An application in terms of subrule (1) shall be by chamber application served on the registrar and any other person interested in the matter and shall state clearly and specifically the grounds on which it is sought to have the act, order or decision set aside.
(3) The registrar shall report on the application and shall serve copies of his or her report on the applicant and any person cited as co-respondent.
(4) On receipt of a copy of the report referred to in subrule (3), the applicant and co-respondent may file submissions in relation to any matter arising therefrom and thereafter a judge shall hear the