| (1) |
Any person or organisation may be admitted to the case as an amicus curiae by— |
| (a) |
the filing of a written agreement between that person or organisation and all participating parties; or |
| (b) |
order of the presiding judge or of the Court made of its own accord or upon application by that person or organisation. |
| (1A) |
An agreement contemplated in subrule (1) (a) must be delivered and an application contemplated in subrule (1) (b) must be made— |
| (a) |
in the case of an application, within 10 days after the applicant's replying affidavit has been filed or the time for filing such replying affidavit has expired; |
| (b) |
in the case of an action, within 10 days after the plaintiff's reply has been filed or the time for filing such reply has expired; and |
| (c) |
in the case of a referral, within 10 days after a response has been filed or the time for filing such a response has expired. |
| (2) |
Any application for an order in terms of subrule (1)— |
| (a) |
must be on notice to all participating parties; |
| (b) |
must be supported by an affidavit or affidavits— |
| (i) |
setting forth the interest of the amicus curiae in the matter at issue in the case; |
| (ii) |
identifying the position to be adopted by the amicus curiae in the case; and |
| (iii) |
containing a summary of the evidence (if any) to be presented and the submissions to be advanced by the amicus curiae, their relevance to any matter at issue and why that evidence and submission will be useful to the Court and be different from those of the other parties. |
| (3) |
Any party may deliver an answering affidavit within five days after a formal application for an order has been received by it. |
| (4) |
The applicant may deliver a replying affidavit within five days after an answering affidavit has been received by it. |
| (5) |
The application will be considered by the presiding judge in chambers, without any party being present, whereupon the presiding judge may— |
| (a) |
make an order on the application; or |
| (b) |
refer the application to the Court for argument and decision. |
| (6) |
The terms on which an amicus curiae is admitted to a case must be set forth in the written agreement or in the order of the Court referred to in subrule (1), and will include the right (if any) which the amicus curiae has— |
| (a) |
to present evidence to the Court; |
| (b) |
to cross-examine witnesses; |
| (c) |
to make written submissions; and |
| (d) |
to present oral argument to the Court |
Provided that the Court may at any time vary that right.
| (7) |
Unless the Court orders otherwise, an amicus curiae—
|
| (a) |
is not entitled to any order for costs against any party; and |
| (b) |
may not be subject to any order for costs in favour of any party. |
Financial Advisory and Intermediary Services Act, 2002
