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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Rules of the Constitutional Court

Part VIII : Direct Access and Appeals

19. Appeals

 

 

1) The procedure set out in this rule shall be followed in an application for leave to appeal to the Court where a decision on a constitutional matter, other than an order of constitutional invalidity under section 172(2)(a) of the Constitution, has been given by any court including the Supreme Court of Appeal, and irrespective of whether the President has refused leave or special leave to appeal.

 

2) A litigant who is aggrieved by the decision of a court and who wishes to appeal against it directly to the Court on a constitutional matter shall, within 15 days of the order against which the appeal is sought to be brought and after giving notice to the other party or parties concerned, lodge with the Registrar an application for leave to appeal: Provided that where the President has refused leave to appeal the period prescribed in this rule shall run from the date of the order refusing leave.

 

3) An application referred to in subrule (2) shall be signed by the applicant or his or her legal representative and shall contain-
a) the decision against which the appeal is brought and the grounds upon which such decision is disputed;
b) a statement setting out clearly and succinctly the constitutional matter raised in the decision; and any other issues including issues that are alleged to be connected with a decision on the constitutional matter;
c) such supplementary information or argument as the applicant considers necessary to bring to the attention of the Court; and
d) a statement indicating whether the applicant has applied or intends to apply for leave or special leave to appeal to any other court, and if so-
i) which court;
ii) whether such application is conditional upon the application to the Court being refused; and
iii) the outcome of such application, if known at the time of the application to the Court.

 

4)
a) Within 10 days from the date upon which an application referred to in subrule (2) is lodged, the respondent or respondents may respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition.
b) The response shall be signed by the respondent or respondents or his or her or their legal representative.

 

5)
a) A respondent or respondents wishing to lodge a cross-appeal to the Court on a constitutional matter shall, within 10 days from the date upon which an application in subrule (2) is lodged, lodge with the Registrar an application for leave to cross-appeal.
b) The provisions of these rules with regard to appeals shall apply, with necessary modifications, to cross-appeals.

 

6)
a) The Court shall decide whether or not to grant the appellant leave to appeal.
b) Applications for leave to appeal may be dealt with summarily, without receiving oral or written argument other than that contained in the application itself.
c) The Court may order that the application for leave to appeal be set down for argument and direct that the written argument of the parties deal not only with the question whether the application for leave to appeal should be granted, but also with the merits of the dispute. The provisions of rule 20 shall, with necessary modifications, apply to the procedure to be followed in such procedures.