The Supreme Court of Appeal (SCA) is one of South Africa’s most procedurally rigid courts. It demands absolute compliance with its rules, directives, timelines and formatting requirements. Even experienced litigators are caught off guard by the court’s unforgiving approach to non compliance, particularly where matters are prepared outside Bloemfontein without the support of a dedicated SCA correspondent attorney. A single technical error can derail an entire appeal, jeopardising a client’s prospects and exposing attorneys to costly consequences.
Below are the ten most common mistakes that result in matters being struck from the SCA roll. These mistakes are entirely avoidable with the correct processes, strict attention to detail and reliable correspondent support.
1. Missing or Incorrect Pagination and Indexing
Incorrect pagination is one of the most frequent reasons matters are removed from the roll. The SCA expects seamless, continuous and accurate pagination across the entire record. Duplicate numbering, skipped pages, inconsistent indexing or broken PDF pagination will not pass scrutiny. Poorly prepared records delay the court and undermine the hearing.
2. Late Filing Including Miscalculating Dies Non
Unlike lower courts, the SCA does not observe dies non. When a judgment is handed down on 12 December, the time to file runs uninterrupted through the festive season, making the deadline 12 January. Attorneys who incorrectly assume a court recess often file late, resulting in their matters being struck unless condonation is granted. The SCA does not easily grant condonation for avoidable non compliance.
3. Non Compliance with SCA Practice Directives
Every appeal must comply with both the SCA Rules and the latest Practice Directives. Common oversights include incorrect margin sizes, failing to file certificates of readiness, non compliant heads of argument or annexures filed in the wrong sequence. The directives change regularly and failure to keep up often proves fatal.
4. Missing, Incorrect or Non Compliant Heads of Argument
Heads of argument must follow exact formatting, page limits, certifications and summary requirements. Matters are often struck because the heads exceed the page limit, have no introduction, do not attach authorities or arrive out of time. The SCA is not tolerant of incomplete or incorrect heads of argument.
5. Filing in the Incorrect Colour, Style or Document Format
The SCA’s colour coded filing system is well known. Blue for appellants, red for respondents, green for applications. Failure to use the correct colour or format signals non compliance. The court reads hundreds of files weekly and strict colour coding is essential for internal organisation.
6. Poor Coordination Between Attorney and Counsel
Where counsel revises heads or requires file changes, the record must match those requirements. Many matters collapse because attorneys file outdated drafts, omit counsel’s amendments or fail to file confirmations of agreement on the record. Lack of communication leads to inconsistent or incomplete bundles.
7. Incorrect Service or Proof of Service
Appeals are struck when proper service is not proven. Email alone is insufficient unless expressly agreed. Failing to attach confirmations, not serving supplementary documents or serving on the wrong address can invalidate the entire appeal process.
8. Failure to Use an Experienced Supreme Court of Appeal Correspondent
Most mistakes arise because firms outside Bloemfontein attempt to manage SCA filings remotely. The SCA environment is unique. Registrars apply the rules strictly and local practices from queueing systems to urgent filing procedures are different from other courts. A specialist SCA correspondent in Bloemfontein ensures correct filing formats, precise preparation of records, physical compliance checks, real time registrar communication and urgent document lodging within minutes. Without this support, attorneys run significant procedural risks.
Why This Matters for Attorneys Across South Africa
An appeal struck from the roll is not a minor technicality. It can end a client’s case. It may lead to adverse cost orders, malpractice exposure, delays of several months and reputational damage.
Given that the SCA expects absolute precision, the safest approach is partnering with a correspondent who knows the court’s systems, deadlines, directives and expectations intimately.
Mayet and Associates serves as a dedicated Supreme Court of Appeal correspondent attorney firm in Bloemfontein, ensuring accurate, compliant and timely filings for law firms throughout South Africa. Our team manages every procedural step from record preparation to electronic filing, providing peace of mind that your matter will not be struck on technical grounds.
