This is the version of this Government Notice as it was from 27 November 1998 to 23 December 2010. Read the latest available version.
South Africa
Rules Board for Courts of Law Act, 1985
Rules of the Supreme Court of Appeal, 1998
Government Notice R1523 of 1998
- Published in Government Gazette 19507 on 27 November 1998
- Commenced on 28 December 1998
- Note: See section 21
- [This is the version of this document as it was from 27 November 1998 to 23 December 2010.]
1. Definitions
2. Court terms
3. Registrar’s office hours
4. General powers and duties of registrar
5. Power of attorney
6. Application for leave to appeal
7. Notice of appeal
8. Record
9. Security
10. Heads of argument
11. Powers of the Chief Justice or the Court
12. Application for condonation
13. Set-down
14. Oral argument
15. In forma pauperis
16. Amicus curiae submissions
17. Taxation of costs
18. Attorneys’ fees
The following fees shall be allowed to attorneys conducting appeals or other matters before the Court:A – Taking instructions
1. (a) | To note an appeal or cross-appeal when leave to appeal is not required | 56,00 |
(b) | To prosecute or defend an appeal, including continuation of a cross-appeal | 91,00 to 532,00 |
(c) | To make or oppose an application | 84,00 to 280,00 |
2. | To draft any application or affidavit | Half the change allowed under item E1 for drafting |
B – Preparation of records
R c | ||
1. | Making, for the purpose of preparing copies of the record on appeal (except where a charge is made under paragraph 5 hereof), a copy of such particulars of the record as were not in the possession of the appellant or his or her attorney at the time when the order appealed from was made, per folio | 1,50 |
2. | Arranging record for printing or typing, excluding unnecessary dpcuments therefrom, and preparing an index and list of documents not included in the record on appeal, per half-hour or part thereof | 91,00 |
3. | Connecting printer's proof or typed or roneoed copy, per half-hour or part thereof | 91,00 |
4. | Attending at the office of the registrar or officer of the court appealed from to peruse or authenticate the record, per half-hour or part thereof | 56,00 |
5. (a) | Making typed copies of record on appeal and heads of arguments, per folio | 1,50 |
(b) | Where copies are made other than by typewriter, the charge shall be R 1,50 per page for the first copy, and for further copies per page | 0,75 |
C – Perusal
R c | ||
---|---|---|
1. (a) | Perusing judgment of court a quo when taking instructions for the continuation of an appeal or cross-appeal, where leave to appeal is not required, per page | 27,00 |
(b) | Perusing record on appeal, for each page or part thereof | 0,75 |
(c) | Perusing judgment of court a quo by which leave to appeal was denied, when taking instructions to apply for leave to appeal to the Court, per page | 17,00 |
(Note: The minimum fee under items (a) and (b) shall be R168,00.) | ||
2. | Perusing any plan, diagram, photograph or other annexure to the record to which the remuneration hereinbefore set out cannot be applied | 10,00 to 182,00 |
3. (a) | Attendance on and perusal of any application or affidavit or any other document not elsewhere provided for, per page | 17,00 |
(b) | Attendance on and perusal of any annexure to an application and answering affidavit, per page | 0,75 |
(c) | Attendance on and perusal of an application or affidavit composed or corrected by counsel, per page | 2,00 |
(Note I: The minimum fees under item (a) shall be as follows: For formal affidavits, R17.00; for affidavits other than formal affidavits, R35.00.)(Note II: In the calculation of the number of pages the total number of words of all necessary annexures is to be divided by at least 250, i.e. the entire record is to be treated as one document.) | ||
4. | Attendance on and perusal of heads of argument, excluding annexures for example unreported judgments of court or copies of publications attached as confirmation of heads of arguments, for every 10 pages or portion thereof | 35,00 |
(Note: The minimum fee under this item shall be R70.00) |
D – Attendance
R c | ||
1. | Any formal attendance on an acknowledgment, receipt, etc | 7,00 |
2. | Attendance on any letter, telegram, document or telephone call, or any other necessary attendance not otherwise provided for(Note: A composite fee shall be charged for all letters received: to Provided that a short summary of the contents of such letters is to be 35,00 attached to the bill of costs before taxation). | 10,00 to 35,00 |
3. (a) | Attendance at office of registrar to deliver a letter or document, or to uplift an order, etc | 7,00 |
(b) | Attendance on business other than formal business, per half-hour or part thereof | 70,00 |
4.(a) | Attendance at any consultation with counsel or client, per halfhour or part thereof | 70,00 to 105,00 |
(b) | A comprehensive fee for attendance, obtaining and payment of counsel for noting of judgment | 56,00 |
5. | Attendance at court to enter judgment— | |
(a) by an attorney | 70,00 | |
(b) by a clerk | 27,00 | |
6. | Attendance at court on hearing of appeal or application, per half-hour or part thereof— | |
(a) by an attorney | 70,00 to 105,00 | |
(b) by a clerk | 42,00 |
E – Drawing up of documents
R c | ||
1. | Any applicant or affidavit, per folio (Note: In the calculation of the number of folios, the taxing master shall deduct, but treat as annexures, any relevant portion consisting of quotations from other documents). | 21,00 |
2. | Instructions to counsel, whether written or verbal— | |
(a) | on appeal | 84,00 to 350,00 |
(b) | on application | 84,00 to 350,00 |
(c) | in justifiable cases, for the drawing up or correcting of application or affidavit for an application for leave to appeal or disputing thereof | 56,00 to 112,00 |
3. | Drawing up of notice of appeal or other necessary notices, per folio | 17,00 |
4. | Letters and telegrams, per folio, including copy to keep (Note: A composite fee shall be charged for all letters received: Provided that a short summary of such letters is to be attached to the bill of costs before taxation). | 11,00 |
5. | Drawing up power of attorney, per folio | 11,00 |
6. | Drawing up short brief to counsel | 11,00 |
7. | Drawing up bond of security, per folio | 22,00 |
F – Copying
R c | ||
Other documents not specially provided for: | ||
(a) | First copy, per page | 1,50 |
(b) | Each further necessary copy, per page | 0,75 |
G – Bills of costs
In connection with a bill of costs for work done or services rendered by an attorney, such attorney shall be entitled to charge the following:19. Fees of the court
The following shall be the fees of the court: | ||
R | ||
Lodging of any application | 10,00 | |
Lodging of an answering affidavit (each) | 10,00 | |
Lodging of a notice of appeal or cross-appeal (each) | 10,00 | |
Order of the court granting leave to appeal | 10,00 | |
For the registrar’s certificate on certified copies of documents (each) | 2,00 | |
For each copy of any document made by the registrar (per page) | 1,00 | |
Taxing fee with regard to appeals | 25,00 | |
Taxing fee with regard to applications | 25,00 |
20. Repeal of rules
The rules of the Supreme Court of Appeal published under Government Notice No. R.1207 of 15 December 1961, as amended by Government Notices Nos. R.980 of 22 June 1962, R.120 of 31 January 1969, R.679 of 30 April 1971, R.1815 of 8 October 1976, R.2476 of 17 December 1976, R.1547 of 28 July 1978, R.248 of 8 February 1980, R.1120 of 30 May 1980,2170 of 6 October 1982, R.644 of 25 March 1983, R.840 of 22 April 1983, R.1995 of 7 September 1984, R.2093 of 13 September 1985, R.2137 of 20 September 1985, R.2643 of 12 December 1986, R.1766 of 2 September 1988, R.1930 of 10 August 1990, R.2408 of 30 September 1991, R.407 of 7 February 1992, R.1884 of 3 July 1992, R.872 of 21 May 1993, R.410 of 11 March 1994, R.418 of 14 March 1997, R.490 of 27 March 1997, R. 799 of 13 June 1997 and R.783 of 5 June 1998 are hereby repealed: Provided that any proceedings already commenced under the repealed rules may continue thereunder, save in so far as the rules herein contained may be applicable thereto without injustice or increased costs to any of the parties.21. Short title and commencement
These rules shall be called the Rules of the Supreme Court of Appeal and shall commence on 28 December 1998.History of this document
19 June 2023 amendment not yet applied
24 March 2023 amendment not yet applied
08 July 2022 amendment not yet applied
01 February 2022 amendment not yet applied
01 December 2020 amendment not yet applied
11 September 2020 amendment not yet applied
01 July 2019 amendment not yet applied
10 January 2019 amendment not yet applied
01 November 2017 amendment not yet applied
22 March 2013 amendment not yet applied
15 April 2011 amendment not yet applied
24 December 2010
28 December 1998
Commenced
Note: See section 21