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Labour Relations Act, 1995 (Act No. 66 of 1995)

Rules for the Conduct of Proceedings in the Labour Appeal Court

7. Submissions by an amicus curiae

 

 

1) Any person interested in any proceedings before the court may, on application to the Judge President or any judge authorised by the Judge President, be admitted to the proceedings as an amicus curiae on the terms and conditions and with the rights and privileges determined by the Judge President or any judge authorised by the Judge President to deal with the matter.

 

2) The terms and conditions and rights and privileges referred to in subrule (1) may be amended in accordance with directions given by the Judge President or the judge authorised by the Judge President to deal with the matter.

 

3) An application in terms of subrule (1) must be made not later than 15 days before the date of hearing.

 

4) An application to be admitted as an amicus curiae must—
a) briefly describe the interest of the amicus curiae in the proceedings;
b) briefly identify the position to be adopted by the amicus curiae in the proceedings; and
c) clearly, succinctly and without unnecessary elaboration set out the submissions to be advanced by the amicus curiae, their relevance to the proceedings and that person's reasons for believing that the submissions will be useful to the court and different from those of the other parties.

 

5) An amicus curiae has the right to deliver written argument by the date fixed by the Judge President, provided that the written argument-
a) is clear, succinct and without unnecessary elaboration;
b) does not repeat any matter described in the argument of the other parties; and
c) raises new contentions that may be useful to the court.

 

6) In the event of new matters or arguments being raised by the amicus curiae, any other party will have the right to file written argument within 5 days from the date on which the argument of the amicus curiae was served on those parties.

 

7) An order of court dealing with costs may make provision for the payment of the intervention of the amicus curiae.