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Report No. 99

3.21. Position in South Africa.-

The same study deals with the position in South Africa. "As things stand at present, too little use is made of the Case. Our proposal is to adopt the procedure of South African courts whereby counsel are bound, within four days1 of the hearing, to submit 'head of argument' which contain a full precis of proposition and authorities to be relied upon. In oral arguments there would still be no time-limit, but counsel would be expected to confine themselves to supplementing the material contained in the 'heads of argument' and not permitted to produce additional arguments without the leave (sparingly granted) of the court. Such a practice would obviate, the need to raise a new point for the first time at the hearing of the appeal.2

It may be mentioned that in South Africa,3 the procedure for argument in appeals before the Appellate Division of the Supreme Court seems to be compromise between the English system and that adopted by the U.S. Supreme Court. Four days before the hearing of an appeal by the Appellate Division, counsel must submit "heads of argument" which contain a full precis of propositions and authorities to be relied upon. There is no time-limit to oral arguments but counsel are expected to confine themselves to supplementing the material in the "heads of argument", and are not permitted to produce additional arguments without the leave of the Court."

1. This means four days before the hearing.

2. Louis Bloom-Cooper and Gavin Drewry Final Appeal, (1972), pp. 403-404.

3. Louis Bloom-Cooper and Gavin Drewry Final Appeal, (1972), p. 550.



Oral and Written Arguments in the Higher Courts Back




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