A Quick Guide: Tips for Appeals in South Africa

Appeals in South African courts must comply with both national rules (e.g., Uniform Rules of Court) and provincial directives, which vary slightly by jurisdiction. Below is a concise overview of the key requirements and tips for civil appeals across South Africa.

 1. Notice of Appeal

• Timeframe: Must be filed and served within 20 court days of the judgment/order.

• Content: Must clearly state the grounds of appeal and whether the appeal is against the whole or part of the judgment.

2. Application for Leave to Appeal

• If the matter is not automatically appealable, an application for leave to appeal must be made to the court that delivered the judgment, typically within 15 days.

• If refused, petition the Supreme Court of Appeal (SCA) within one month.

 3. Compilation of Appeal Record

• Must be prepared within 60 days from the granting of leave or delivery of the Notice of Appeal.

• Must include:

  • Judgment and order

  • All relevant pleadings and affidavits

  • Transcripts of oral evidence

  • Heads of argument

• Documents must be indexed, paginated, double-sided (if a SCA appeal) or single-sided (if a High Court appeal), and clearly legible – some sections may need to be retyped, or clearer copies are to be provided.

• Each volume may not exceed 100-200 pages depending on the court one has appealed to.

 4. Filing of Heads of Argument

• Appellant’s heads: Filed within 20 days after delivery of the appeal record.

• Respondent’s heads: Filed 10 days thereafter.

• Must comply with the font size, spacing, and structure outlined in each division’s directives.

5. Appeal Hearing Preparation

• Ensure that practice notes are filed.

• Confirm set-down dates with the Registrar.

• Check for any pre-hearing conferences required by the province.

Best Practices

• Always consult the latest directive for the specific High Court/SCA division.

• Ensure documents are clearly legible—illegible pages may result in postponement or striking of the matter.

• Consider using a professional appeal record service – like Perfect Records - to ensure compliance and avoid rejection.