When a litigant intends to escalate a matter to the Supreme Court of Appeal (SCA), the first procedural step is to seek leave to appeal from the court that delivered the initial judgment, commonly referred to as the court a quo. Only after that court has formally refused leave to appeal may the matter proceed to the SCA.

As specialist correspondent attorneys in Bloemfontein, where the SCA is seated, Mayet & Associates assists law firms and litigants nationwide in ensuring full compliance with the procedural and formatting requirements for SCA applications.

Timeframe for Lodging Leave to Appeal at the SCA

Following the order of the court a quo refusing leave to appeal, the applicant has one calendar month to file an application for leave to appeal at the Supreme Court of Appeal in Bloemfontein. This application must be submitted in triplicate, that is, the original and two copies.

Should the applicant be unable to file the original on the due date, a copy may be lodged provided the original follows within 10 days. If neither the original nor a copy is filed on time, an application for condonation must accompany the late submission. This application for condonation must itself be lodged together with the full leave to appeal application and two copies thereof. Failure to comply renders the application lapsed and invalid.

Structure and Supporting Documents

An application for leave to appeal must:

• Be framed as a Notice of Motion, supported by a Founding Affidavit;
• Be clear, concise, and address only relevant merits that substantiate the appeal grounds;
• Be accompanied by:
  • A copy of the judgment and order of the court a quo being challenged; and
  • The order refusing leave to appeal, along with reasons if available.

If the judgment or order refusing leave cannot be obtained, a letter from the Registrar of the court a quo confirming the date of the order is acceptable. Where no written reasons exist, a formal explanation must be obtained from the presiding judicial officer.

Importantly, the SCA does not accept excessive annexures. Where additional documents are deemed necessary, a justification must be provided in the lodgement letter. Nonetheless, there is no guarantee of acceptance even with an explanation.

Format and Filing Rules

To ensure your application is not rejected by the SCA Registry, the following must be observed:

• The founding affidavit should not exceed 30 pages. A minor exception is made where the 31st page only contains a commissioner’s stamp;
• If the application exceeds 10 pages, it must be printed double-sided and bound using a ring-binder with a card cover. If single-sided printing is used, reasons must be set out in the lodgement letter;
• The application must be served on the opposing attorneys. In criminal matters, service must also be effected on the Registrar of the court a quo, the Director of Public Prosecutions, or the State Attorney;
• All filings must be accompanied by a formal lodgement letter addressed to the Supreme Court of Appeal.

Answering and Replying Affidavits

The same procedural principles apply to subsequent affidavits:

• Answering affidavits should not include annexures unless strictly necessary to adjudicate the issues. Any annexures must be clearly motivated for in the lodgement letter.
• Replying affidavits must be filed within 10 days of receiving the Answering Affidavit. The reply may only address new material raised in the response. A page limit of 10 pages applies, with limited leniency for an 11th page if it includes only the commissioner’s stamp.

Adjudication by the Supreme Court of Appeal

Once all documents are properly filed at the Supreme Court of Appeal in Bloemfontein, the matter is placed before two judges for consideration. Parties can typically expect an outcome within 6 to 10 weeks from the date of submission.

Need a Supreme Court of Appeal Correspondent Attorney?

Located in Bloemfontein, the seat of the SCA, Mayet & Associates is uniquely positioned to act as your trusted Supreme Court of Appeal correspondent attorney. We offer:

• Urgent and compliant document filing at the SCA
• Advice on formatting and procedural requirements
• Time-sensitive liaison with the Registrar
• Transparent communication with instructing attorneys throughout South Africa

Whether you’re a law firm needing trusted correspondent support, or a litigant navigating complex appeal proceedings, our experienced lawyers in Bloemfontein are here to ensure that your case proceeds smoothly.