Skhumbuzo Zulu v Vikizitha R Mlotshwa and Others

The applicant appealed to the Supreme Court of Appeal against a judgment of the KwaZulu-Natal Division of the High Court, Pietermaritzburg, which had declared a December 2019 conference of the National Freedom Party and the decisions taken there unlawful and invalid. Although leave to appeal was granted, the applicant failed to comply with several procedural requirements of the SCA Rules. The notice of appeal and the appeal record were lodged late, applications for condonation were defective or not properly served, the appeal record was materially incomplete, and the applicant lodged his heads of argument four weeks late without applying for condonation. As a result, the appeal lapsed before the merits could be considered.

The application for reinstatement of the appeal was struck off the roll, with no order as to costs.

The case underscores the strict approach of the Supreme Court of Appeal to compliance with its procedural rules. It confirms that the late filing of heads of argument without condonation causes an appeal to lapse automatically and that, absent reinstatement, the Court lacks jurisdiction to consider the appeal or related condonation applications. The judgment also reinforces the duty of appellants to file a complete and proper appeal record.