                DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT NO. R. 2135 3 June 2022                            RULES BOARD FOR COURTS OF LAW ACT,           1985          (ACT NO,          107          OF          1985)                           AMENDMENT OF THE RULES REGULATING THE CONDUCT OF THE  PROCEEDINGS OF THE SUPREME COURT OF APPEAL OF SOUTH AFRICA                       The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), and with the approval of the Minister for Justice and Correctional Services, made the rules in the Schedule.                               SCHEDULE                            GENERAL EXPLANATORY NOTE                          [ ] Words or expressions in bold type in square brackets indicate                    omissions from the existing rules.                    ____________ Words or expressions underlined with a solid line indicate insertions                    into the existing rules.                        Definition                           In this Schedule "the Rules" means the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal of South Africa published under Government Notice No. R. 1523 of 27 November 1998, as amended by Government Notice Nos. R. 979 of 19 November 2010, R. 191 of 11 March 2011, R. 113 of 15 February 2013, R. 1055 of 29 September 2017, R. 1318 of 30 November 2018, R. 842 of 31 May 2019, R. 858 of 7 August 2020, R. 1158 of 30 October 2020 and R. 1602 of 1      7       December 2021.                           Amendment of rule 15 of Rules                           Rule 15 of the Rules is hereby amended                                by the substitution of the heading for the following heading                            "          Legal assistance to indigent persons         "                           by the substitution for subrule (1) of the following subrule                        "(1)        {a}        Any party who is a natural person^ [and] who is                    of the opinion that he or she is indigent,        and who does not qualify for legal aid, or who requires to continue as an indigent litigant in an appeal already commenced        may request the registrar for leave to prosecute or defend an appeal        [in forma pauperis]         as an indigent litigant, and if it appears to the                     registrar that such person is as contemplated by subruie (2). the registrar shall refer such person to an attorney and an advocate.                        Where a person applies to continue as an indigent litigant in an appeal already commenced, such person may do so by proceeding in terms of the provisions of this rule but in addition, he or she shall -                        (it set         out         the         alteration in his or her circumstances which renders it                     necessary to continue         to         prosecute         or defend         an appeal as an         indigent litigant; and                     (ii) give notice of the application to the opposite party,                        In the event of the opposite party raising an objection to the granting         of         such an application, the applicant must apply formally to the court for such leave, after giving proper notice to the other side.        11       ,                         by the substitution for subruie (2) of the following subrule                       "(2) A party shall be deemed to be indigent if         [he or she]          that party        can satisfy the registrar that, except for household goods, wearing apparel and tools of trade         [he or she]          such party        is not possessed of property to the amount of [R1Q 000]        R640 000        and will not be able within a reasonable time to provide such sum from         [his or her]          own        earnings or obtain legal aid.";                      by the substitution for subrule (3) of the following subrule                       "(3)       No such request shall be lodged with the registrar unless the opposite party has been asked and has failed or refused to consent to the applicant proceeding        [in forma pauperis       ]        as an indigent litigant        within one month thereafter. 11 ; and                      by the substitution for subrule (5) of the following subrule;                      "(5) Whenever a party obtains leave to prosecute or defend an appeal        [in forma pauperis       ]        as an indigent litigant        that party shall not be                           required to lodge security in terms of these rules for the costs of the opposite party         [or to pay any court fees]         notwithstanding the existence of any order referred to in rule 9(1).".                     Amendment of rule 18 of the rules                        The rules are hereby amended by the substitution for rule 18 of the following rule                          Attorneys fees                     18. The following fees shall be allowed to attorneys conducting appeals or other matters before the Court                      A - TAKING INSTRUCTIONS                     R.c                                      1   .                                         2   .                                         1   .                                         2   .                         To note an appeal or cross-appeal when leave to appeal is not required per quarter of an hour                          by an attorney........................................................... [328.00J357JD0                     by a candidate attorney........................................... [102.001       111 00                          To prosecute or defend an appeal, including continuation of a cross-appeal per quarter of an hour                                by an attorney........................................................... f328,001       357,00                      by a candidate attorney............................................. f102.001       111.00                          To make or oppose an application per quarter of an hour                          by an attorney............................................................ [328,001       357.00                      by a candidate attorney............................................ f102.001       111,00                        To draft any application or affidavit per page.................................... f131.501       143,00                       B - PREPARATION OF RECORDS                     R.C                   Making, for the purpose of preparing copies of the record on appeal (except where a charge is made under paragraph 5 hereof), a copy of such particulars of the record as were not in the possession of the appellant or his or her attorney at the                   time when the order appealed from was made, per                    page....................................................................................................... [4,50]5T)                    0                   Arranging record for printing or typing, excluding unnecessary documents therefrom, and preparing an index and list of documents not included in the record on appeal, per quarter of an hour or part thereof                       by an attorney....................................................................... [328,001       357,00                      by a candidate attorney......................................................... [102,001       111,00                       Correcting typed copy, per quarter of an hour or part thereof                       by an attorney.......................................................................... [328.001       357,00                      by a candidate attorney............................................................ [102.001       111.00                               Attending at the office of the registrar or officer of the court appealed from to peruse or authenticate the record, per quarter of an hour or part thereof                      (i) by an attorney...................................................................... f328.001       357,00                    (ti) by a candidate attorney........................................................ [102,001       111,00                      Making typed copies of record on appeal and heads of arguments, per                     page.................................................................................................. r4.50l       5.00                     C- PERUSAL                   R.c                                   %                                         2   ,         3.                                        4.                         Perusing judgment of court        a quo        when taking instructions for the                     continuation of an appeal or cross-appeal, where leave to appeal is not required, per page............................................................................................. r66.501       72.00                      Perusing record of appeal, for each page..................................... f6,501       7,50                    Perusing judgment of court        a quo        by which leave to appeal was denied,                     when taking instructions to apply for leave to appeal to the Court, per page [6,501       7.50                    Perusing any plan, diagram, photograph or other annexure to the record to which the remuneration hereinbefore set out cannot be applied per                   page.................................................................................................... [66.501       72,00                      Attendance on and perusal of any application or affidavit or any other                     document not elsewhere provided for, per page.......................... [66.501       72,00                      Attendance on and perusal of any annexure to an application and answering                     affidavit, per page........................................................................ [6,501       7,50                      Attendance on and perusal of an application or affidavit composed or                     corrected by counsel, per page............................................... [16.00       118,00                    Attendance on and perusal of heads of argument, excluding annexures for example unreported judgments of court or copies of publications attached as confirmation of heads of arguments, per page [66,501       72,00                   D- ATTENDANCE                    R.C                       Any formal attendance on an acknowledgement, receipt, etc................ [66,501       72.00                    (a) Attendance on any letter or document............................................ r66.50       172.0Q                        Necessary telephone calls made, the actual costs thereof, plus for every five minutes or part thereof                        by an attorney.......................................................... [109,00]        119.00                    by a candidate attorney................................................. [34,00]        37,00                        Attendance on telephone calls, the actual costs thereof, plus for every five minutes or part thereof                               by an attorney.......................................................... [109,00]        119,00                    by a candidate attorney................................................. [34,00]        37,00                        (a) Attendance at office of registrar to deliver a letter or document, or to uplift an                    order, etc, per quarter of an hour or part thereof                     by an attorney.......................................................... r328.001       357,00                    by a candidate attorney......................................... f102.001       111.00                     (b) Attendance on business other than formal business, per quarter of an hour or                 part thereof                     by an attorney............................................................. [328,00)357,00                   by a candidate attorney      ............................................       f102.001       111,00                        (a) Attendance at any consultation with counsel or client                              by an attorney............................................................ r328.00       1357,00                    by a candidate attorney............................................ f102,001       111,00                     (b) A comprehensive fee for attendance, obtaining and payment of counsel for                 noting of judgment per quarter of an hour                     by an attorney      ...........................................................         r328.00           1357,Q0                      by a candidate attorney      ............................................       H02.001       111,0Q                        Attendance at court to note judgment per quarter of an hour                               by an attorney......................................................................... [323,00)357.00                   by a candidate attorney      ..........................................................       f102.001       111,00                        Attendance at court on hearing of appeal or application, per quarter of an hour or part thereof                        by an attorney......................................................................... [328,00)357,00                   by a candidate attorney........................................................... [102,00)       111,00                       E - DRAWING UP OF DOCUMENTS                   R                 c                                           1   .          2   ,                                 3.         4.         5.            7.                      Any application or affidavit, per page............................................... M31.50)       143,00                  Instructions to counsel                     on appeal per page............................................................... [131.50)       143,00                    on application per page......................................................... [131.501       143,00                    in justifiable cases, for the drawing up or correcting of application or affidavit                     for an application for leave to appeal or disputing thereof per page   ri31.50       H43.00                   Drawing up of notice of appeal or other necessary notices,                  per page.......................................................................................... H31.501       143.00                    Letters per page, including copy to keep.......................................... [131.50)       143,00                    Drawing up power of attorney, per page......................................... [131.50)       143,00                    Drawing up short brief to counsel per page...................................... [131,501       143,00                    Drawing up bond of security, per page............................................... [131.501       143,00                     F- COPYING                                          R.c         [4.5015,00                    Other documents not specially provided for, per page                   G - BILLS OF COSTS                   In connection with a bill of costs for work done or services rendered by an attorney, such attorney shall be entitled to charge the following                     For drawing up the bill of costs, making the necessary copies and attending settlement, 11 per cent of the attorney s fees, either as charged in the bill, if not taxed or as allowed on taxation,                   In addition to the fees charged under paragraph 1, if recourse is had to taxation for arranging and attending taxation, and obtaining consent to taxation, 11 per cent on the first R10 000,00 or portion thereof, 6 per cent on the next R10 000,00 or portion thereof and 3 per cent on the balance of the total amount of the bill, ,                       Commencement                      4.         These Rules come into operation on 08 July 2022.        

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Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985): Amendment of the rules regulating the conduct of the proceedings of the Supreme Court of Appeal of South Africa