Noting of appeal
(1) An appeal filed by an appellant against a magistrate’s issuance of an order pursuant to section 10(5) of the Act or by the National Director against a magistrate’s denial of an order of committal pursuant to section 10(5) of the Act must be made within the time frames outlined in sections 10(8)(b) and 10(8)(c) of the Act, respectively.
(2) The appeal must be indicated by submitting a Notice of Appeal to the clerk or registrar of the magistrates’ court that issued the appealed-against order or that denied the appealed-against order of committal, and serving copies of the Notice of Appeal on the appellant and the National Director.
(3)A Notice of Appeal filed by an appellant must be substantially in accordance with Form 1 of the Schedule hereto and contain the appellant’s business or postal address where any notice may be served, or, if the appellant is not represented by a legal representative or ceases to be so represented, the appellant’s residential or postal address.
(4)A National Director’s Notice of Appeal must be substantially in line with Form 2 of the Schedule hereto and include the National Director’s business address or postal address for any notices to be delivered by registered mail.
(5) The facts or legal conclusions that are being appealed against must be stated in every notice of appeal in a clear and explicit manner.
Can a magistrate be appealed?
Every case is different, but regardless of the specific issue, if you have been found guilty in a magistrate’s court, you have the right to appeal that decision to the Crown Court.
How long does a South African appeal take?
Unfortunately, DHA is overrun with applications and appeals, and the department handling appeals in particular sometimes takes an excessively long time to respond. VFS officials suggest that after submission, a decision should be made within 6 to 10 weeks, however this is rarely the case in reality.
How does the South African appeals process work?
One of the two post-trial control mechanisms in South African criminal process is appeal. When it is claimed that the court erred in its factual findings or legal interpretation, an appeal is justified. On the other side, when the adopted method is contested, review is employed.
How lengthy is the appeals process?
An appellate court may take as little as a month or as much as a year or more to issue its ruling or judgement. There is no time restriction, however the typical duration is six months.
What are grounds of appeal?
Since the decision under appeal restricts the case’s potential outcomes, the grounds of appeal are sometimes referred to as the first stage of convergence. As the appeal moves forward, more levels of convergence are achieved that further restrict case amendments.
