Special Investigating Units And Special Tribunals Act, 1996 (Act No. 74 of 1996)RulesSpecial Tribunal Rules32. Appeals |
| (1) | Any party may appeal against a ruling, decision or order of the Tribunal, to the Provincial Division of the High Court which has jurisdiction in terms of section 8(7) of the Special Investigating Units and Special Tribunals Act 74 of 1996 as amended. Such appeal shall be deemed to be an appeal to the Full Court of that Provincial Division. |
| (2) | No appeal shall lie against any ruling, decision or order of the Tribunal which, if made by the High Court would not be subject to appeal. |
| (3) | A party intending to appeal a judgment and order of the Tribunal shall first apply for leave to appeal. The application shall set out the grounds of appeal. An application for such leave shall be delivered within 10 days of the delivery of the judgment or order: Provided that when the reasons or the full reasons of the Tribunal’s order are given on a later date than at the time of the delivery of the judgment or order, such application may be made within 10 days after the delivery of the reasons or full reasons of the order. |
| (4) | Where the Tribunal in giving an order declares that the reasons for the order will be furnished to any of the parties on request, such request shall be in a form of a simple notice, delivered within seven days of the date of delivery of the order. |
| (5) | The application for leave to appeal shall be set down on a date arranged by the Registrar who shall give written notice thereof to the parties. Such application shall be heard by the Member who presided at the hearing or, if such Member is not available, by any other Member assigned by the Tribunal President to hear the application. |
| (6) | If leave to appeal to the Full Court of the High Court having jurisdiction is granted, the order to appeal shall be delivered to all the parties within ten days after the date upon which leave was granted or within such longer period as may upon good cause shown, be permitted. |
| (7) | A party seeking to note a cross-appeal, shall do so by delivery of a notice of cross-appeal within seven days after delivery of the notice to appeal or within such longer period as may upon good cause shown, be permitted. The provision of these Rules with regard to appeals shall mutatis mutandis apply to cross-appeals. |
| (8) | Every notice of appeal and cross-appeal shall state— |
| (a) | what part of the judgment or order is appealed against; and |
| (b) | the grounds upon which such appeal relies. |
| (9) | The appellant shall, at own costs, apply to the Registrar for copies of the transcript of the proceedings, including all documents, exhibits and any other evidence filed of record during the proceedings, for lodging with the Registrar of Appeals in the relevant High Court. |
| (10) | The provisions of Rule 49 of the Uniform Rules of the High Court relating to Civil Appeals to the Full Court shall apply mutatis mutandis to the appeal proceedings from the Tribunal. |