The end of year period often brings a false sense of procedural pause across the legal sector. Many practitioners assume that dies non automatically suspends time limits for filing in all courts. This assumption can have serious and costly consequences when dealing with the Supreme Court of Appeal (SCA).
A recent reminder from the SCA highlights a crucial procedural point: dies non does not apply to the Supreme Court of Appeal, and statutory or rule-based timeframes continue to run uninterrupted throughout December and January unless expressly stated otherwise.
Why This Matters
Under the SCA Rules, an applicant seeking leave to appeal must file their application within one month of the date on which judgment is delivered. This timeframe is strict and the SCA does not recognise dies non for purposes of calculating this period.
This means that when the SCA hands down judgment late in the year, even deep into the traditional December recess, practitioners must continue to count the days in the same way as they would at any other time of the year.
Practical Example Filing Deadline After a December Judgment
If the SCA delivers judgment on 12 December 2025, the one month period for filing an application for leave to appeal begins on the same day. Because dies non has no application
- The countdown continues through the festive season
- There is no automatic extension
- Public holidays and court recesses do not stop the clock
The application for leave to appeal will therefore be due on 12 January 2026.
A failure to file within this timeframe may leave a litigant with only one option: an application for condonation which is a discretionary remedy and never guaranteed.
Avoiding Pitfalls Practitioner Obligations
Legal practitioners should:
- Calendar SCA deadlines immediately upon receipt of judgment regardless of the time of year.
- Ensure clients understand the urgency even when judgment is delivered during traditional recess periods
- Avoid relying on assumptions based on High Court or tribunal practices where dies non may apply.
- Prepare filings in advance when December judgments are expected especially in complex matters.
Conclusion
The SCA’s position is clear and consistent: dies non does not suspend or alter filing deadlines before the Supreme Court of Appeal. This requires vigilance and strict diary management particularly in December and January when miscalculations are most likely to happen.
A judgment handed down on 12 December 2025 means 12 January 2026 is the final day to lodge leave to appeal documents. Any deviation risks prejudice to the client and may require condonation.
In appellate practice precision is essential. Now is the time for practitioners to ensure their teams diaries and systems reflect this important procedural rule.
