WALLIS AJ
both duplication and of factual matter being wrongly omitted. In the former case, the
burden of reading on members of this Court, already heavy, is aggravated. In the
latter it may arise that this Court is asked to adjudicate cases on a different factual
basis to that on which the court below decided them. It hardly seems necessary to
highlight that this is unsatisfactory and inconsistent with the judicial comity with
which this Court treats the other courts in our legal system.
[28]
This Court has on previous occasions deprecated the practice of many parties,
including those represented by experienced legal practitioners, of submitting
documents late, or not in proper form, or producing fresh documents at a very late
stage of the proceedings, sometimes only a day or two prior to a hearing. 20 This
cannot be permitted to continue. The workload of this Court is rapidly expanding and
the demands being made on judicial time are ever increasing. In order to cope with
this challenging environment it is essential that practitioners observe the Rules and
comply with time limits. Applications for condonation of a failure to do so are not to
be had for the asking.
[29]
Having said that, it is plain that a number of the documents contained in the
supplementary record are helpful in fleshing out the factual picture and explaining
what occurred in the conduct of these by-elections. It is in the interests of justice that
this Court should have regard to them in determining the outcome of the case. For
that reason condonation should be granted. But this judgment must stand as a warning
to practitioners that playing fast and loose with the Rules of this Court is not to be
tolerated.
Leave to appeal
[30]
The issues revolve around foundational principles of our Constitution and the
assertion by the applicants of the rights protected by section 19 of the Bill of Rights.
In addition, they concern the manner in which the IEC discharges its constitutional
20
Chevron SA (Pty) Limited v Wilson t/a Wilson’s Transport and Others [2015] ZACC 15 at para 39.
17