- Initial Step in the Court a Quo
Before approaching the Supreme Court of Appeal (SCA), the aggrieved party must first seek leave to appeal from the court that delivered the initial judgment. An application to the SCA can only be made once the court a quo has refused such leave. - Timeframe and Format for Lodging Appeal at the SCA
Following the refusal of leave by the lower court, the applicant has one calendar month from the date of that refusal to file an application with the SCA. This application must be submitted in triplicate, being the original and two copies. Where the original cannot be filed by the due date, a copy may suffice temporarily, provided the original is lodged within 10 days thereafter. - Application for Condonation for Late Filing
Should the applicant fail to file even a copy of the application by the due date, a condonation application must accompany the late filing. This condonation must be submitted together with the original application and two copies. If no condonation is sought where necessary, the application will lapse. The same rule applies if the original application is not lodged within 10 days after submitting a copy. - Required Format of the Application
The application must be presented as a Notice of Motion, supported by a Founding Affidavit. These documents must be concise, well-structured, and limited to issues that directly support or oppose the grounds of appeal. Only essential background and contextual facts should be included. - Compulsory Annexures
The application must include:
- The judgment and formal order from the lower court that is the subject of the appeal;
- The judgment and order refusing leave to appeal.
- Where Judgments or Orders Are Unavailable
If certified copies of the relevant judgments or orders are not accessible, the applicant must provide a letter from the Registrar of the court a quo confirming the date on which the order was made. If the lower court has not issued written reasons, these must be requested and attached. - Exclusion of Unauthorised Annexures
Including additional documents beyond those required may result in the application being rejected. In rare cases, the application may be accepted under protest. This typically requires a detailed explanation in the lodgement letter justifying the inclusion of extra annexures. - General Procedural Guidelines
The following practice directives must be observed:
- The founding affidavit should not exceed 30 pages. A one-page overrun is typically tolerated where the last page contains only the commissioner’s stamp.
- The application must include proof of service on the respondent’s legal representatives. For criminal appeals, proof of service must be provided to the Registrar of the lower court and to the Director of Public Prosecutions or the State Attorney.
- If the application exceeds 10 pages, it must be printed double-sided. If single-sided printing is used, a written explanation must be submitted.
- Documents over 10 pages must be bound using ring-binders with firm card covers.
- A covering letter must accompany every application filed at the SCA.
- Answering and Replying Affidavits
The same procedural rules apply to the opposing and replying affidavits, subject to the following distinctions:
- Answering affidavits should generally avoid annexures unless they are vital to deciding the application. If annexures are included, their necessity must be explained in the accompanying letter.
- Replying affidavits must be submitted within 10 days after service of the answering affidavit. They should respond only to new material raised in opposition and should not exceed 10 pages, subject to the same leniency for a one-page excess as above.
- Adjudication Process and Timelines
Once all relevant documents have been filed, the matter is placed before two judges for consideration. A decision is typically handed down within 6 to 10 weeks after submission.
