WALLIS AJ
addressed when written submissions were filed.
What made this particularly
unsatisfactory was that attached to the IEC’s statement of facts were the “combined
extracts of the record of the court a quo that the applicants and first respondent will
rely on and refer to”. How that document came to be prepared and filed under the
misleading description was not explained. This is quite unsatisfactory and a blatant
disregard of the Rules of this Court.17 The parties were obliged to endeavour to reach
17
Rule 20 provides in relevant part as follows:
“(1)
If leave to appeal is given in terms of rule 19, the appellant shall note and prosecute
the appeal as follows:
(a)
The appellant shall prepare and lodge the appeal record with the Registrar
within such time as may be fixed by the Chief Justice in directions.
(b)
Subject to the provisions of subrule (1) (c) below, the appeal record shall
consist of the judgment of the court from which the appeal is noted, together
with all the documentation lodged by the parties in that court and all the
evidence which may have been led in the proceedings and which may be
relevant to the issues that are to be determined.
(c)
(i)
The parties shall endeavour to reach agreement on what should be
included in the record and, in the absence of such agreement, the appellant
shall apply to the Chief Justice for directions to be given in regard to the
compilation of the record.
...
(2)
(a)
One of the copies of the record lodged with the Registrar shall be
certified as correct by the Registrar of the court appealed from.
(b)
Copies of the record shall be clearly typed on stout A4-size paper, doublespaced in black record ink, on one side of the paper only.
(c)
Legible documents that were typed or printed in their original form such as
cheques and the like shall not be retyped and clear photocopies on A4-size
paper shall be provided instead.
(d)
The pages shall be numbered clearly and consecutively and every tenth line
on each page shall be numbered and the pagination used in the court a quo
shall be retained where possible.
(e)
Bulky records shall be divided into separate conveniently-sized volumes of
approximately 100 pages each. The record shall be securely bound in book
format to withstand constant use and shall be so bound that upon being used
will lie open without manual or other restraint.
(f)
All records shall be securely bound in suitable covers disclosing the case
number, names of the parties, the volume number and the numbers of the
pages contained in that volume, the total number of volumes, the court a quo
and the names of the attorneys of the parties.
(g)
The binding required by this rule shall be sufficiently secure to ensure the
stability of the papers contained within the volume; and where the record
consists of more than one volume, the number of each volume and the
number of the pages contained in a volume shall appear on the upper third
of the spine of the volume.”
14