| 1. |
An application for leave to appeal must be filed with
the registrar in charge of civil appeals. |
| 2. |
If the judgment in respect of which leave to appeal
is sought was not handed down in typed form when the judgment was delivered,
the applicant shall forthwith take the necessary steps to cause the judgment
to be transcribed. All the other parties to the application for leave
to appeal shall forthwith in writing be informed of the steps taken by
the applicant in this regard. |
| 3. |
If the applicant does not within three days of the service
of the application for leave to appeal take the necessary steps to cause
the judgment to be transcribed, the respondent’s legal representatives
may take the necessary steps to ensure that the judgment is transcribed.
All the other parties to the application for leave to appeal shall forthwith
in writing be informed of the steps taken by the respondent in this regard. |
| 4. |
If the judgment was handed down in typed
form, or after the judgment has been transcribed, it may be placed in
the court file and the applicant may apply by letter to the registrar
in charge of civil appeals for the allocation of a date for the hearing
of the application for leave to appeal. In the event of the parties agreeing
thereto, three alternative dates may be set out in the letter, being
dates upon which the parties’ counsel are available to argue the
application for leave to appeal. The applicant must forthwith forward
a copy of this letter to all the other parties to the application for
leave to appeal. |
| 5. |
If the applicant does not apply for the allocation
of a date for hearing of the application for leave to appeal within a
period of 7 days after the judgment has become available, the respondent
may so apply. The application is made by directing a letter to the registrar
in charge of civil appeals. At the same time the respondent must place
a copy of the judgment in the court file. The respondent must forthwith
forward a copy of the letter to all the other parties to the application
for leave to appeal |
| 6. |
Once the registrar in charge of civil appeals is in
possession of - |
| |
6.1 |
the application for leave to appeal, |
| |
6.2 |
the judgment and |
| |
6.3 |
the letter requesting a date for the hearing of the application
the aforesaid registrar will submit the relevant court file to the secretary
of the judge who delivered the judgment. The secretary of the judge will endorse
the date and time on which the application for leave to appeal is to be heard.
The judge’s secretary will return the file to the aforesaid registrar. |
| 7. |
The registrar in charge of civil appeals shall thereupon
notify the parties of the date and time so determined and shall enrol
the matter accordingly. Thereafter the aforesaid registrar shall return
the court file with proof of notification of the date and time of the
hearing to the secretary of the judge who delivered the judgment and
shall confirm that the application has been enrolled. |
| 8. |
Applications for leave to appeal are normally enrolled
for 09h30. It is anticipated that the application including judgment
thereon will be concluded by 10h00. If the parties or any one of them
envisage the application taking longer than half an hour to be concluded,
a statement to this effect must be made in the letters referred to above.
In such a case the presiding judge may determine another time for the
hearing of the application for leave to appeal. |
| 9. |
If none of the parties to the application for leave
to appeal apply to the registrar for the allocation of a date for the
hearing of the application for leave to appeal, the registrar in charge
of civil appeals will submit the relevant court file to the clerk of
the judge who delivered the judgment. The aforesaid registrar shall indicate
the parties’ failure to comply with the aforegoing and request
a date for the hearing of the application for leave to appeal. The clerk
of the judge will endorse the date and time on which the application
is to be heard. The judge’s clerk will return the court file to
the aforesaid registrar. Thereafter the practice set out in paragraph
7 shall be followed. |
| 10. |
The convenience of counsel is not conclusive in the
determination of a date for the hearing of an application for leave to
appeal. |
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