Rules of the Supreme Court 1964 ( RGN 380 of 1964)

RGN 380 of 1964

Rules of the Supreme Court 1964

RGN’s and SIs 380/1964, 9/1997; 738/1969, 172/1974, 421/1975, 449/1975, 472/1975, 141/1977, 504/1979, 796/1979, 278/1981, 215/1983, 396/1984, 290/1991170/1991, 1419/92,99/1992 98/1994, 78/2000.

ARRANGEMENT OF RULES

PART I

PRELIMINARY

2. Interpretation of terms.

PART II

GENERAL

3. Reckoning of time.
4. Departure from rules.
5. Hearing of applications.
6. Heads of argument.
9. Postponement and settlement.
10. Address for service.
12. Orders of Registrar.

12A. Renunciation of agency by legal practitioner.

12B. Special orders as to costs.

PART III

APPEALS FROM THE HIGHCOURT

14. Written proceedings.

PART IV

CRIMINAL APPEALS FROM THE HIGHCOURT

17. Noting of Appeals.
18. Grounds of Appeal.
19. Applications for Leave to Appeal.
20. Application for Extension of Time.
21. Legal aid.
23. Stated Case.
24. Set Down.
25. Dismissal of Appeal for Want of Prosecution.
27. Written Arguments

PART IVA

APPEALS BY ATTORNEY-GENERAL FROMHIGHCOURT

27A. Noting of appeals where no leave required.

27B. Preparation of record and service on respondent.

27C. Set down.

27D. Application for leave to appeal.

27E. Applications out of time.

27F. Abandonment of appeal.

27G. Legal aid.

PART V

CIVILAPPEALS FROM THE HIGHCOURT

29. Entry of appeal.
30. Time for entry of appeal.
31. Application for leave to appeal and extension of time to appeal.
32. Grounds of appeal.
33. Cross appeal and abandonment of judgment.
34. Preparation and service of record.
35. Stated case.
36. Dismissal of appeal without hearing.
38. In forma pauperis.
40. Written arguments.
41. Preliminary objections.
42. Power to allow amendment etc.
43. Setting down of appeal and heads of argument.
44. Dismissal of appeal in absence of heads of argument.
45. Third parties.
47. [Repealed] 48.

PART VI

GENERAL FOR CIVILAPPEALS FROMMAGISTRATES’ COURTS

PART VII

CRIMINAL APPEALS FROM MAGISTRATES’ COURTS

51. [Repealed]
52. [Repealed]
53. [Repealed]

PART VIII

CIVIL APPEALS FROM MAGISTRATES’ COURTS

55. Application for set-down and lapsing of appeal.

55A. Application for extension of time within which to note appeal.

PART IX

MISCELLANEOUS

56. [Repealed]
58. Application of High Court rules.
59. Custody of exhibits used at trial.

SCHEDULES

First Schedule: Forms.

Second Schedule: [Repealed]

Third Schedule: [Repealed]

IT is hereby notified that His Excellency the Governor has been pleased, in terms of subsection (5) of section 51 of the High Court Act, 1964, to approve the following rules of court for regulating the proceedings of the Appellate Division which have been made by the Chief Justice and the Judge President in terms of subsection (1) of that section: —

PART I

PRELIMINARY

                                                                                          1.   Title

These rules may be cited as the Rules of the Supreme Court, 1964.

[Rule amended by s.i 215 of 83]

                                                                                          2.   Interpretation

• In these rules —

“counsel”

[Definition repealed by s.i 278 of 81]

“court” means the Supreme Court;

“judge” means the Chief Justice, a judge of the Supreme Court and an acting judge of the Supreme Court;

[Definition amended by s.i 78 of 2000]

“judgment”

[Definition repealed by s.i 78 of 2000]

“legal practitioner” means a legal practitioner registered in terms of the Legal Practitioners Act [Chapter

27:07];

[Definition inserted by s.i 278 of 81 and amended by s.i 78 of 2000]

• Where the word “registrar” appears in these rules such reference shall —
• 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;
• be construed as including a deputy registrar and an assistant registrar appointed in terms of section 33 of the Act;

[Paragraph amended by s.i 78 of 2000]

• 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 —
  • in the event of an appeal, the registrar upon whom the appellant serves his notice of appeal or, where leave to appeal is necessary, the registrar at the place where application for leave to appeal is made;
  • 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 an advocate or to counsel or to an attorney shall be read and construed as a reference to a legal practitioner.

[Subrule inserted by s.i 278 of 81]

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.

[Rule substituted by s.i 14 of 1992]

                                                                                          4.   Departure from rules

Subject to the provisions of subsection (3) of section 19 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. [Rule amended by RGN 421 of 1975 and by s.i 78 of 2000]

                                                                                          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

• Subject to the provisions of rule 43, 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 so to do by a judge.
• 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 43 shall apply mutatis mutandis.

                                                                                          7.   Report

A judge may in any appeal or application request any judge of the High Court or any magistrate to furnish a report on any matter which arises in, or is relevant to, such appeal or application. Copies of such request and of such report shall be given to such persons as the judge may direct.

[Rule amended by RGN 421 of 1975]

                                                                                          8.   Judgment

• 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.
• 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.
• Judgment in appeal shall be pronounced in such manner as may be determined by a judge of the court which gives it, whether or not he was present at the hearing and whether or not the other judges who were present at the hearing are present.
• 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 of the court appealed from.

                                                                                          9.   Postponement and settlement

• If for any reason it appears desirable that the hearing of an appeal or an application should be postponed, an order to that effect may be made by the court or by a judge.
• 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 action being or being likely to be settled, or affecting the estimated length of trial, and, if the appeal is settled or is withdrawn, to notify a registrar of the fact without delay.

10. Address for service

• Every appellant or applicant in the court shall, at the time when he notes an appeal or makes any application give an address at which he will accept service in terms of these rules including service by registered post in terms of rule 11.
• If a person is legally represented, the address given in terms of subrule (1) shall be the address of his attorney.
• An attorney may at any time renounce his agency by giving notice to his client and to a registrar but, until the client furnishes the registrar with, and notifies the opposite party of a new address for service, any process served on the retiring attorney at his address for service shall be considered good service and the retiring attorney shall notify his former client of the service of any such process by letter addressed to the client’s last-known address.
• If an address for service has been given in terms of these rules other than the address of an attorney in terms of subrule (2) and the person concerned changes such address, he shall notify a registrar and other parties to the proceedings of the new address. Should he fail to make such notification his address for service shall be deemed to be the address given in terms of subrule (1).

11. Service

(1) 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 —

• if the person to be served has given an address for service with an attorney, by delivery at the office of that attorney or by sending the document by registered post to that attorney;
• if the person to be served has given an address other than that of his attorney for service, service may be effected personally by any person authorized thereto by a registrar or by the Sheriff or by sending the document by registered post;
• 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;
• if the person to be served is the Attorney General, by delivery to his office or by posting the document by registered post to him;
• if the person to be served is the Registrar or a registrar of the Supreme Court or High Court, by delivery to, or posting the document by registered post to, the registrar concerned. For the purposes of this paragraph service of the document shall be deemed to have been effected at the time it was received by the registrar.

(2) Proof of service in terms of subrule (1) shall be effected by —

• where service is effected at the office of a attorney, by production of a receipt signed by the attorney or his agent accompanied by a certificate by the person effecting service to the effect that the document delivered is the document to which the receipt is alleged to relate;
• where service is affected 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 is alleged to relate;

• where service is effected personally, by a certificate by the person effecting service that the document concerned was served by him on the person concerned;
• where service is effected by the Sheriff, by means of a return of service;
• 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 is alleged to relate.
• Proof of service of a document on the Attorney General shall not be necessary but the court shall, by inquiry, ascertain whether there has been service.
• If a document has to be served by a person who is in custody and who is not legally represented, it shall be given to the officer in charge of the place of custody who shall forward it to a registrar or the registrar of the High Court, as the case may be. 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 given to the officer in charge of the place of custody.
• 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.
• 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 prescribed in section 40 of the Interpretation Act [Chapter 1:01].

[Subrule amended by s.i 78 of 2000]

12. Orders of Registrar

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. Such application shall be by notice of motion 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. The registrar shall report on the application and shall serve copies of his report on the applicant and any person cited as co-respondent. On receipt of a copy of such report the applicant and co-respondent may file submissions in relation to any matter arising therefrom. Thereafter a judge shall hear the application and may make such order in the matter as he may think fit.