n Annual Survey of South African Law - Civil and constitutional procedure and jurisdiction

Volume 2007, Issue 1
  • ISSN : 0376-4605



A wide range of matters presented themselves during the year under review. The infusion of constitutional values into the judgments of the courts continued unabated. This was particularly apparent in the field of the execution of immovable property. Change was also in the offing, as can be seen from the proposed legislation surveyed below and the Practice Directions of the Supreme Court of Appeal. The Supreme Court of Appeal's (see 2007 (6) SA 1) should be noted by practitioners. These directions deal with the postponement or settlement of an appeal; the withdrawal as attorney of record; the lodging of heads of argument; enrolment; the preparation of core bundle documents; heads of argument in cross-appeals; leave to appeal; documents of appeal; and communications from practitioners to the president of court or presiding judge. Finally, the Directions also stipulate the new mode of address in English as from 2 May 2007. The bench will now be addressed through the presiding judge and be referred to as 'the court'; an individual member of the bench is addressed by using the judge's surname preceded by the word 'judge'. The current form of address in Afrikaans remains unchanged.

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