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

Rules of the Constitutional Court

1. Definitions

 

 

1) In these rules any word or expression to which a meaning has been assigned in the Constitution shall bear that meaning and, unless the context otherwise indicates-

 

affidavit

includes an affirmation or a declaration contemplated in section 7 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963);

 

apply

means apply on notice of motion, and 'application' has a corresponding meaning;

 

Chief Justice

means the Chief Justice of South Mica appointed in terms of section 174(3) of the Constitution;

 

Constitution

means the Constitution of the Republic of South Africa, 1996;

 

Court

means the Constitutional Court established by section 166(a) of the Constitution, read with item 16(2)(a) of Schedule 6 to the Constitution;

 

Court day

means any day other than a Saturday, Sunday or public holiday, and only Court days shall be included in the computation of any time expressed in days prescribed by these rules or fixed by any order of the Court;

 

Deputy Chief Justice

means the Deputy Chief Justice appointed in terms of section 174(3) of the Constitution;

 

directions

means directions given by the Chief Justice with regard to the procedures to be followed in the conduct and disposition of cases;

 

judge

means a judge or acting judge of the Court appointed under section 174 or 175 of the Constitution, sitting otherwise than in open court;

 

law clinic

means a centre for the practical legal education of students in the faculty of law at a university in the Republic, and includes a law centre controlled by a non-profit organisation which provides the public with legal services free of charge and is certified as contemplated in section 3(1)(f) of the Attorneys Act, 1979 (Act No. 53 of 1979);

 

legal representative

means an advocate admitted in terms of section 3 of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or an attorney admitted in terms of section 15 of the Attorneys Act, 1979 (Act No. 53 of 1979);

 

party

or any other reference to a litigant includes a legal representative appearing on behalf of a party, as the context may require;

 

President

means the President of the Supreme Court of Appeal;

 

Registrar

means the Registrar of the Court, and includes any acting or assistant Registrar of the Court, or in their absence any person designated by the Director of the Court;

 

sheriff

means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and includes a person appointed in terms of section 5 or section 6 of that Act as an acting or a deputy sheriff, respectively, and a sheriff, an acting or a deputy sheriff appointed in terms of any law not yet repealed by a competent authority and in force immediately before the commencement of the Constitution, in any area which forms part of the national territory;

 

Supreme Court of Appeal Rules

means the rules regulating the conduct of the proceedings of the Supreme Court of Appeal published under Government Notice No. R. 1523 of 27 November 1998; and

 

Uniform Rules

means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high courts published under Government Notice No, R. 48 of 12 January 1965, as amended.

 

2) Any powers or authority vesting in the Chief Justice in terms of these rules maybe exercised by a judge or judges designated by the Chief Justice for that purpose.

 

3) Any reference in these rules to a party having to sign documents shall be construed as including a reference to a legal representative representing such party, and a reference to lodging documents with the Registrar as including prior service of such documents on other parties and the lodging of 25 copies of all relevant documents and an electronic version thereof that is compatible with the software used by the Court, with the Registrar.

 

4) Notices, directions or other communications in terms of these rules may be given or made by registered post or by facsimile or other electronic copy: Provided that, if a notice or other communication is given by electronic copy, the party giving such notice or communication shall forthwith lodge with the Registrar a hard copy of the notice or communication, with a certificate signed by such a party verifying the date of such communication or notice.

 

5) The Chief Justice may extend any time limit prescribed in these rules.

 

6) Written arguments, responses and any other representations to the Court shall be clear and succinct.

 

7) Applications shall be legible and in double-spaced, typewritten format on A4-size paper.

 

8) Subject to rule 5, the provisions of rule 4 of the Uniform Rules shall apply, with such modifications as may be necessary, to the service of any process of the Court.