| (1) |
Upon a request in writing by any party within 10 days after judgment and before noting an appeal the judicial officer shall within 15 days hand to the registrar or clerk of the court a judgment in writing which shall become part of the record showing— |
| (a) |
the facts he or she found to be proved; and |
| (b) |
his or her reasons for judgment. |
| (2) |
The registrar or clerk of the court shall on receipt from the judicial officer of a judgment in writing supply to the party applying therefor a copy of such judgment and shall endorse on the original minutes of record the date on which the copy of such judgment was so supplied. |
| (3) |
An appeal may be noted within 20 days after the date of a judgment appealed against or within 20 days after the registrar or clerk of the court has supplied a copy of the judgment in writing to the party applying therefor, whichever period shall be the longer. |
| (4) |
An appeal shall be noted by the delivery of notice, and, unless the court of appeal shall otherwise order, by giving security for the respondent's costs of appeal to the amount of R1000: Provided that no security shall be required from the State or, unless the court of appeal otherwise orders, from a person to whom legal aid is rendered by a statutorily established legal aid board. |
| (5) |
Money paid into court under subrule (4) and outstanding for more than three years, may be paid into the State Revenue Fund, after three months' notice of such intention in writing has been given to the parties concerned, whereafter the parties concerned may apply for a refund of the amount paid into the said Fund. |
| (6) |
A cross-appeal shall be noted by the delivery of notice within 10 days after the delivery of the notice of appeal. |
(7) A notice of appeal or cross-appeal shall state—
| (a) |
whether the whole or part only of the judgment is appealed against, and if part only, then what part; and |
| (b) |
the grounds of appeal, specifying the findings of fact or rulings of law appealed against. |
(8)
| (a) |
Upon the delivery of a notice of appeal the relevant judicial officer shall within 15 days thereafter hand to the registrar or clerk of the court a statement in writing showing (so far as may be necessary having regard to any judgment in writing already handed in by him or her)— |
| (i) |
the facts he or she found to be proved; |
| (ii) |
the grounds upon which he or she arrived at any finding of fact specified in the notice of appeal as appealed against; and |
| (iii) |
his or her reasons for any ruling of law or for the admission or rejection of any evidence so specified as appealed against. |
| (b) |
A statement referred to in paragraph (a) shall become part of the record. |
| (c) |
This rule shall also, so far as may be necessary, apply to a cross-appeal. |
| (9) |
A party noting an appeal or a cross-appeal shall prosecute the same within such time as may be prescribed by rule of the court of appeal and, in default of such prosecution, the appeal or cross-appeal shall be deemed to have lapsed, unless the court of appeal shall see fit to make an order to the contrary. |
| (10) |
Subject to rule 50 of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa, the registrar or clerk of the court shall, within 15 days after he or she receives notice that an appeal has been set down for hearing, transmit to the registrar of the court of appeal the record in the action duly certified. |
(11)
| (a) |
A respondent desiring to abandon the whole or any part of a judgment appealed against may do so by the delivery of a notice in writing stating whether he or she abandons the whole, or if part only, what part of such judgment. |
| (b) |
Every notice of abandonment in terms of paragraph (a) shall become part of the record. |
| (12) |
Where the parties agree in terms of section 82 of the Act that the decision of the court shall be final, either party may lodge the memorandum of such agreement with the registrar or the clerk of the court, and such memorandum shall thereupon become part of the record in the action or matter. |
Statistics Act, 1999
