Ke Dezember has arrived and in South Africa that means most operations start slowing down as South Africans celebrate the summer. For those in the legal fraternity, our Courts and CIPC also take a break and apply dies non (those days on which courts do not sit or carry on business) based on various rules and empowering Acts. The aim of my article today is help you familiarise yourself on your dies non is applied in South Africa, so that you can start preparing to celebrate December!
CIPC has issued a Notice, in terms of and for purposes of the Trade Marks Act, Patents Act, Design Act, Copyright Act, Companies Act, Close Corporations Act, Co-operatives Act and Registration of Copyright in Cinematograph Film Act, that CIPC will be closed to the public from 10h00 on Friday 23 December 2022 up to and including Monday 2 January 2023.?While you can access the detailed Notice here, here is a quick summary of the Notice:
- The lodgment of documents and services of legal documents will be accepted on Thursday 22 December 2022 until 15h30.
- The days from Friday 23 December 2022 up to and including Monday 2 January 2023 will be regarded as dies non for purposes of the stated Acts.
- CIPC offers different lodgment / filing methods for certain services to its customers. During this period, services processed by automated means will continue to be processed while those services which require back-office intervention / finalisation e.g. services which require scanned documents to be e-mailed to dedicated e-mail addresses or uploaded via electronic platforms e.g. New E-Services, will only resume from Tuesday 3 January 2023.
- Please also take note that with regards to name reservations, all reserved names that would have lapsed between Friday 23 December 2022 up to and including Monday 2 January 2023, will now have their reservation dates moved forward to Tuesday 3 January 2023 and will, therefore, only elapse on that date.
For those working in Dispute Resolution:
Dies Non?in the High Court per the Uniform Rules of Court, particularly Uniform Rules 6, 19, 26 and 70, applies as follows:
- Uniform Rule 6, in relation to?Applications, provides that the days between 21 December and 7 January, both inclusive, shall not be counted in the time allowed for delivery of the notice of intention to oppose or delivery of any affidavit (this however does not apply to applications brought under Uniform Rule 6(12) and Uniform Rule 43)
- Uniform Rule 19 provides that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend
- Uniform Rule 26, in relation to failure to deliver pleadings (barring), provides that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed for the delivery of any pleading per this Rule?
- Uniform Rule 70, in relation to taxation, provides that the days from 16 December to 15 January, both inclusive, must not be counted in the time allowed for inspecting documents or notes pertaining to any item on a bill of costs or the giving of a written notice to oppose
- Uniform Rule 70, in relation to taxation, provides further that no taxation shall be set down in the days from 16 December to 15 January, both inclusive, except: where the period for delivery of the notice to oppose has expired, before the commencement of the period 16 December and 15 January, both dates inclusive, and no notice of intention to oppose has been delivered; where the party liable to pay the costs, has consented in writing to the taxation in his or her absence; or for the taxation of writ and post-writ bills
Dies Non in the Magistrates Court per the Rules regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa, particularly Rules 13, 21B, 33 and 55, applies as follows:
- Rule 13 provides that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend.
- Rule 21B, in relation to failure to deliver pleadings (barring), provides that the days from 16 December to 15 January, both inclusive, shall not be counted in the time allowed for the delivery of any pleading per this Rule
- Rule 33, in relation to costs, provides that where costs or expenses are awarded to any party by the court, otherwise than by a judgment in default of the defendant’s delivery of notice of intention to defend or on the defendant’s consent to judgment before the time for such notice has expired, the party to whom such costs or expenses have been awarded shall not count the days from 16 December to 15 January, both inclusive, in the time allowed for inspecting documents or notes pertaining to any item on a bill of costs or the giving of a written notice of intention to oppose
- Rule 33, in relation to costs, provides further that no taxation shall be set down in the days from 16 December to 15 January, both inclusive, except: where the period for delivery of the notice to oppose has expired before the commencement of the period 16 December to 15 January, both inclusive, and no notice of intention to oppose has been delivered; or where the party liable to pay the costs has consented in writing to the taxation in his or her absence.
- Rule 55, in relation to Applications, provides that the days from 21 December to 7 January, both inclusive, must not be counted in the time allowed for delivery of any notice or affidavit contemplated in Rule 55 (this however does not apply to applications brought under Rule 55(5) and Rule 58)
Dies Non in the Supreme Court of Appeal:
Per the Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal of South Africa, which in Rule 1 pertaining to definitions provides that the period between 16 December and 15 January (both dates inclusive) shall not be taken into account in the calculation of any period in terms of the rules
Dies Non in the Constitutional Court:
The Chief Justice may issue a Practice Direction in terms of Rule 32(2) advising on dies non, however this year no direction has been made as yet. This is likely to be made towards the middle of December 2022.
With this overview of dies non in South Africa, let us start preparing our matters accordingly, so that we too can enjoy Ke Dezember!
