Oct. 16, 2021


2 min read

Judges demand compliance

Judges demand compliance

Dr Kananelo Mosito

Story highlights

  • Lawyers fail to comply with court rules
  • Bench wants some cases struck off the roll

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AS the second session of the Court of Appeal takes off, judges have once again emphasised the need to comply with the court rules.

This, after a number of local lawyers involved in the current Appeal Court session failed to comply with the court rules such as filing on stipulated time or applying for condonation when rules have not been complied with.Having raised the issue of compliance on Monday during a roll call which marked the start of the session, the judges once again talked about it in the trial in which the Directorate on Corruption and Economic Offences (DCEO), Advocate Mahlomola Manyokole is appealing a decision of the High Court which favoured Sobita Investment (PTY) Ltd against him.

King’s Counsel Sekake Malebanye who represents the respondent in the case told the Appeal Court that record was filed late and there is no application for condonation for late filing from the appellants, adding therefore that the appeal has lapsed. 

KC Malebanye said the appeal should be struck off the roll as the court rules have not been complied with.
Adv Gareth Leppan for the appellant said he was informed by his client that things were in order as he lives in South Africa. 

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He noted that striking the matter off the roll would be rather too harsh, suggesting that it should instead be adjourned.
Justice Petrus Damaseb said there is need to avoid a culture of lawyers not complying with the court rules. 

“We have raised this issue before, but it seems to have fallen on deaf ears,” he said. For his part, Justice Van de Westhuizen recommended the postponement of the matter to the next session, adding however that the parties involved should be penalised accordingly.

President of the Court of Appeal Dr Kananelo Mosito ruled that the matter be struck off the roll as the rules have not been complied with, adding that reasons for the decision will be provided on November 12. 

He said there appears to be a lax in the enforcement of rules as parties always fail to comply with the court rules. LeNA

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