| APPEALS |
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| Bad or wrong judgments |
| Often parties are unhappy with the judgment of courts and wish to challenge what they regard as wrong or bad judgments. To this end the court system in South Africa allows for appeals and reviews. An appeal is mainly a challenge of a judgment on the basis that what was presented to court was sufficient to justify a better or different judgment. |
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| The existing record is important |
| In this sense an Appeal can be described as a challenge based on an existing court record. This is so because the parties may usually refer only to law and facts contained in the record of the court appealed against. The court record can be compared to the minutes of a meeting. When one wants to rely on facts outside the existing record, a special consent of the court appealed to is needed. If the facts outside the record relate to issues of procedural unfairness or bias, a review (in stead of an appeal) is the better process. The process will then differ from that of a ‘standard appeal’. |
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| Objective assessment |
| It is a misnomer to refer to an appeal as being ‘standard’. The very nature of the process calls for a thorough analysis of the facts and judgment of the specific case involved. It is a good idea to consult an attorney who can evaluate the position objectively and assess whether or not an appeal is the desired process. It is costly and one at least needs to be taken through the prospects of success and the danger of a contribution to costs should the outcome of the appeal be against one. No practitioner can guarantee a success but attorneys can at least assist in the risk assessment and in deciding where to appeal to and how. |
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| Pitfalls |
There are many procedural time lines that must be complied with properly in order to conduct a successful appeal.
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PO Box 3346 Somerset West 7129
