Appeals
TAKE NOTICE that on [insert date], the Appellant delivered a notice of appeal against the [whole/part] of the judgment of the Learned Magistrate [insert name of Magistrate].
TAKE FURTHER NOTICE THAT:
- (a) the Appellant’s residential address is [insert Appellant’s residential address];
- (b) the Appellant’s postal address is [insert Appellant’s postal address];
- (c) the Appellant is represented by attorneys, whose address is cited hereunder.
TAKE FURTHER NOTICE THAT the Appellant hereby applies, in writing, to the Registrar of the above Honourable Court, for a date for hearing of the appeal.
If leave to appeal has been granted, a notice of appeal must be delivered by the Appellant to all parties within 20 days after the date on which leave was granted. Such notice may be delivered at a later date upon good cause shown.
The notice of appeal must state whether the whole or only part of the judgment is being appealed against and if only part of the judgment, such part must be identified. The notice must also specify the findings of fact and rulings of law which are being appealed against, and the grounds upon which the appeal is founded. The Appellant will generally be limited to the grounds of appeal in the notice of appeal, although an amendment of the grounds at a later date is possible.
In terms of section 16 of the Superior Courts Act 10 of 2013 (SCA), an appeal against a judgment of a court of a provincial or local division of the High Court will be heard by the full court of that division, or the Supreme Court of Appeal.
This section applies to the High Court where it is sitting as a court of appeal from the decision of a single Judge or a Magistrate’s decision. If leave to appeal is granted, the court must direct that the appeal be heard by a full court, or by the Supreme Court of Appeal where questions of law and fact are considered to require the attention of the Supreme Court of Appeal, such as novel or conflicting issues of law.
In terms of section 16 of the Superior Courts Act 10 of 2013 (SCA), an appeal against a judgment of a court of a provincial or local division of the High Court will be heard by the full court of that division, or the Supreme Court of Appeal.
This section applies to the High Court where it is sitting as a court of appeal from the decision of a single Judge or a Magistrate’s decision. If leave to appeal is granted, the court must direct that the appeal be heard by a full court, or by the Supreme Court of Appeal where questions of law and fact are considered to require the attention of the Supreme Court of Appeal, such as novel or conflicting issues of law.