PRACTICE DIRECTIVE 1 2018 SUPREME COURT OF APPEAL- ISSUED 5 NOVEMBER 2018
SUPREME COURT OF APPEAL
PRACTICE DIRECTIVE: 1/ 2018
The President of the Supreme Court of Appeal hereby issues the following Practice Directive in respect of an application lodged with the Supreme Court of Appeal in terms of section 17(2)(f) of the Superior Courts Act, 10 of 2013.
Subject to any other directives issued by the President of the Supreme Court of Appeal, Practice Directives are binding and have legal force and effect. This Directive does not seek to override the Rules of the Supreme Court of Appeal, which have the force of law and may be amended from time to time and when circumstances so dictate.
Any reference in the Directives to ‘Rules’ refer to the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal published under GNR. 1523 of 27 November 1998, amended by Government Notice R979 of 19 November 2010; Government Notice R191 of 11 March 2011; Government Notice R113 of 15 February 2013 and Government Notice R1055 of 29 September 2017, as amended.
Practice Directives are procedures dictated by general experience and no interpretation of them should have the effect that access to justice is denied to any litigant, in particular the indigent.
1. Applications lodged in accordance with section 17(2)(f) of the Superior Courts Act, 10 of 2013
1.1 The provisions of Rule 6 shall apply to all applications lodged in terms of s 17(2)(f) of the Superior Courts Act, 10 of 2013, subject to the following:-
An application shall be lodged in duplicate with the registrar by lodging only the original and a copy thereof within the time limits prescribed by law;
Annexures required. — Every such application shall be accompanied by-
a. A complete set of the affidavits and judgments in the dismissed application;
b. A copy of the order where leave to appeal has been refused by the Supreme Court of Appeal;
1.2 The applicant, when represented by a legal practitioner, shall collate, paginate,
index and suitably bind the application, inclusive of the affidavits within 5 days
following the expiry of the period for filing the affidavits.
This directive will be enforced with immediate effect.
MML MAYA: P
05 November 2018