Deadlines or time limits are imposed by the Court Rules. They vary depending on the nature and stage of the proceedings involved. It is a litigant's responsibility to check the rules.

Please note also that all time limits are expressed in court days and that Saturdays, Sundays and public holidays are excluded when counting court days.

The main categories

Urgent applications

In terms of rule 12, the Chief Justice may dispense with the usual requirements for applications, including deadlines. The need to do so must be motivated in the affidavit supporting the urgent application.

Applications for direct access to the Court

Rule 18 deals with these applications. They will only be considered by the Court if exceptional circumstances exist. Once such an application has been made, the following deadlines apply:

  • Any party opposing the application must file notice of intention to oppose within 10 court days (court days running from Monday to Friday).
  • After notice of intention to oppose has been received or the 10 days has expired, the Chief Justice shall issue directions concerning the matter - including setting deadlines for the filing of affidavits and written submissions, if necessary.

Applications for leave to appeal

Applications for leave to appeal against the decision of any court are dealt with under rule 19. The applicable deadlines are:

  • The application must be brought within 15 court days of the date of the decision against which leave to appeal is sought.
  • Within 10 court days of such application, the respondent(s) must indicate in writing whether they oppose the application and, if so, on what grounds.
  • A respondent wishing to cross-appeal to the Court must file such application for leave to cross-appeal within 10 days of the filing of the application for leave to appeal.
  • The Court will then decide how to deal with the matter, and directions imposing further deadlines may be issued.

Confirmation proceedings

In terms of rule 16, a registrar of a court making an order of constitutional invalidity must lodge a copy of that order with the registrar of this Court within 15 court days. However, any person entitled to do so may appeal against that order of invalidity within 15 court days of the making of such order. Similarly, a person may apply for the confirmation of an order of invalidity within 15 days of the making of the order.

Amici curiae

Unless the Chief Justice has issued directions imposing deadlines for applications to be admitted as an amicus, rule 10(5) says that such applications must be made not later than five court days after the lodging of the respondent's written submissions. If consent to your admission as an amicus has been received from the parties in the matter, such written consent must be lodged with the registrar within five court days of it having been obtained.

Directions of the Court

Once an application has been filed, the Chief Justice may issue directions in which further deadlines are imposed - for example, for the filing of written submissions and applications to be admitted as an amicus, and for the setting of dates for hearings.

Condonation of non-compliance with deadlines

The Court has the power to condone non-compliance with the rules, including deadlines, in appropriate cases. Parties who fail to comply with deadlines must file an application for condonation, or include a prayer for condonation in their main application, in which the reason for failure to comply with the rules must be provided.