Notice of intention to proceed with appeal 22. Only a junior counsel's fee is allowed on assessment see paragraph 3. On an appeal to the Supreme Court, interest for such time as execution has been delayed by the appeal is deemed to be allowed, unless the Supreme Court otherwise orders, and the Taxing Master or other proper officer may compute the additional amount of interest without any order for that purpose. Following the handing down of an arbitration award against the first to fifth respondents with Mr Mulaudzi being held jointly and severally liable as the sixth respondent , and following an enforcement application in the Western Cape Division of the High Court which was opposed by Mr Mulaudzi the arbitration award was made an order of court. Exceptionally a respondent could seek to file more fully reasoned objections or might be asked to do so by the Appeal Panel. If leave to appeal is refused by the High Court, the party seeking leave may apply to the Court of Appeal for leave to appeal within 7 days after the refusal of the High Court to grant leave. Time and word limits 4.
No other papers are required, and documents other than those listed above will not be normally accepted. A decision will be made by a panel of Judges. Where the Appeal Panel does not require further submissions to make its decision, the parties are sent a copy of the order sealed by the Registrar which records the Panel's decision. Applications are generally decided on paper, without a hearing, and it is essential that the application is in the correct form. They should not be relied upon as legal advice. Appeal booklet and papers 17.
Section 54 4 of the Access to Justice Act 1999provides that there is no appeal from the decision of a single judge on an application for permission to appeal. A certificate must first be obtained and the permission of the Supreme Court then given before the appeal may proceed. The application should indicate whether the judge's certificate was granted under section 12 3 a or section 12 3 b of the Administration of Justice Act 1969. On an appeal to the Court of Appeal, interest for such time as execution has been delayed by the appeal is deemed to be allowed, unless the Court of Appeal otherwise orders, and the Taxing Master or other proper officer may compute the additional amount of interest without any order for that purpose. Must be served on respondent s and optionally on Registrar of court a quo. First, the original order had been handed down in May 2013 — over 2 years prior to notice of the appeal being given and a far cry from the 15 days stipulated in terms of Constitutional Court Rule 19 2. Parties may consult the Registry at any stage of preparation of the application, and may submit applications in draft for approval.
Please refer to those statutes for guidance as to the procedure on an appeal or motion for leave to appeal to the Court of Appeal. File at least 6 copies — 4 for use by the court, one copy for your own use, and one copy for each respondent. Prescribed Forms A complete list of prescribed forms is available at Schedule 1 of the. If you are granted leave to appeal If your application for leave to appeal is successful, your notice of application for leave to appeal has the same effect as a notice of appeal and your appeal will continue in the same manner as an appeal where leave is not required. When the notice is filed, the application for permission to appeal will re-sealed and, in order to comply with rule 18 2 , the appellant must then serve a copy on each respondent, on any recognised intervener that is, an intervener whose submissions have been taken into account under rule 15 and on any person who was an intervener in the court below and file 7 Copies together with a certificate of service.
An appeal from an order of the Divisional Court, for instance, requires leave to appeal. A certificate of service giving the full name and address of the persons served must be included in Form 3 and signed or a separate certificate of service must be provided. At the specified time, place and day the appeal is heard and disposed off. This page updates the status of any such applications. When a notice of objection is filed, it will be sealed by a member of staff in the Registry: rule 7 4.
However, despite the availability of these prescripts, problem areas remain. The respondent submitted that as the appeal had already been noted, and that steps had been taken to prosecute it, only the Appellate Division was competent to consider the validity of the appeal. If it is necessary to do so in the interest of justice, a judge of the Court of Appeal may give special directions and vary the rules governing the moving party s motion record and the moving party s factum. In proceedings for a writ of habeas corpus, an appeal lies from the Queen's Bench Divisional Court to the Supreme Court at the instance of the defendant or prosecutor with the permission either of the Divisional Court or the Supreme Court. The transcript shall be lodged electronically where directed by the Registrar. Skip to and prepare the appeal record. Where the panel decides to take the submissions into account and grants permission to appeal, the person making them will be notified.
Certain civil appeals are governed by other statutes and the rules relating thereto for example, appeals brought under the Arbitration Act, Bankruptcy and Insolvency Act, Companies' Creditors and Arrangement Act. Interventions in applications for permission to appeal 3. The Supreme Court may under special circumstances direct that a deposit or other security in the amount fixed by the Supreme Court be made or given for the costs to be occasioned by any application for leave or appeal. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. In deciding whether to grant an application for an extension of time made after the expiry of the three month period, the Registrar takes into account the circumstances set out in paragraph 8. It seems to me that, pending prosecution of the appeal, the only tribunal which can entertain such an application is the Court in which the notice of appeal was filed. The Registrar will reject any application where the grounds appear without adequate explanation from counsel to be excessive in length or where the application fails to identify the relevant issues.
Where an appeal requires the leave of that Court, the motion for leave shall be heard in writing without the attendance of parties or lawyer. Changes brought by the Act For purposes of this article, the most important change brought about by the Act is that the timeframe for lodging applications for leave to appeal or petitions has been changed from the old 21 days to one month after refusal of leave by the court a quo. Proceedings after permission to appeal is granted or refused 3. It was further held that the failure to prosecute an appeal timeously would result in the appeal lapsing, notwithstanding the appeal having been timeously noted. The Registrar may at any time list an appeal or expedited appeal before the Court of Appeal on notice to the parties for the giving of such directions or the making of such orders for the conduct of the proceedings as the Court of Appeal considers appropriate in the circumstances. Where such an enactment gives a statutory power to a tribunal, person or other body, it may be the case that the appeal court may not exercise that power on an appeal. Appeals under the Law of Property Act 1922 52.