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Summary Chapter 21

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Detailed summary of chapter 21 from the fundamental principles of civil procedure textbook

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CHAPTER 21 – APPEALS AND
REVIEWS
Appeal vs Review
WHEN:

Appeal and review procedures are used when a party is
not satisfied with the outcome of the case or the
proceedings followed

Ultimately, the party’s primary purpose is to get the
decision from the court a quo set aside

Effects:
 Suspends execution

APPEAL vs REVIEW:


APPEAL REVIEW
 Relates to a  Relates to a
disagreement with the disagreement based on how
decision based on the the decision was reached –
merits of the case – procedural fairness
substantial fairness
 So... court came to the  So... procedural
wrong decision based on the irregularity
merits of the case or rules
of law
 Re-evaluation of the  Nothing to do with
decision of the court - thus merits – thus not restricted
restricted to argument on to court record – can adduce
the record of the extrinsic evidence
proceedings
 Procedure:  Procedure:
Notice of appeal (setting out Application + affidavits
grounds of appeal) (setting out evidence of the
Then subsequent irregularity)
prosecution of appeal

,  Strict time limits  No strict time limits –
but must be brought in a
reasonable time




INSTANCES OF APPEALS AND REVIEWS:

Grounds for appeal:
 Bona fide mistake of law
 Judgment was not justified by the evidence
 Decision regarding the right of a arty to amend
pleadings
 Decision regarding the striking out of certain
allegations
 Decision relating to a party on whom the onus of
proof lies

Instances of review:
 Grave irregularities or illegalities by the inferior
court
 Public body has a duty prescribed by legislation but
fails to comply with the provision of the legislation or
commits a gross irregularity with his duty
 Legislature confers powers on a court to review a
decision

Review Proceedings
GROUNDS OF REVIEW:

Superior courts review the decisions of inferior courts

S24(1) SC Act – grounds of review:
 Lack of jurisdiction of the court
 Interest, bias, malice or corruption by the P.O
 Gross irregularity
 Admission of inadmissible or incompetent evidence –
or the rejection of admissible or competent evidence

Examples of gross-irregularity:

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