Legal deadlines and holidays – can postponements deliver justice?

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Legal deadlines and holidays

During the festive season in South Africa, most activities halt, including court operations. Regarding legal deadlines and holidays, the Rules of Court recognise dies non (days courts do not sit). These dates, though varying yearly, typically span from December 16 to January 15. This break provides essential relief for all role-players. However, it also creates challenges for litigating parties.

For instance, hearing dates scheduled shortly after dies non often pose issues. Legal representatives, witnesses, and court officials may have been away, limiting preparation time. Moreover, dies non can disrupt the calculation of days for filing and serving court documents. In such cases, parties may need to seek postponements, though this is not ideal.

Postponements, however, are not automatically granted to litigants. Courts stress the importance of resolving cases promptly without undue delays. As a result, postponements are only approved when justice truly requires them.

Factors to consider

In the case of Lekolwane and Another v Minister of Justice, the Constitutional Court outlined key factors to consider in postponement applications:

  • The interests of justice – the party seeking postponement must show good cause.
  • The court’s discretion – when deciding whether to grant a postponement, the court will weigh factors such as:
    • The timing of the postponement application;
    • The adequacy of the explanation for the request;
    • Whether the other party will suffer prejudice, and if so, to what extent;
    • Whether the application is opposed and the grounds for such opposition;
    • Broader public interest considerations;
    • The prospects of success in the hearing.

While these factors are generally applied, each case is unique and may require the court to consider additional circumstances.

Preparation

Litigants must prepare diligently to avoid postponements caused by inadequate preparation. They should also complete necessary processes on time.

Importantly, courts grant postponements only in exceptional cases. Therefore, litigants should never rely on postponements as a fallback option.


Mthokozisi Maphumulo | Senior Associate | Litigation Attorney | Adams and Adams | mail me |



Related FAQs: Legal deadlines and holidays

Q: How do legal deadlines change during the holiday period?

A: Legal deadlines may be affected during the holiday period, particularly due to public holidays that can lead to extended breaks in court operations. For instance, during the Christmas and New Year holidays, many law firms may not operate, which can impact the ability to meet deadlines.

Q: What should I do if a deadline falls on a public holiday?

A: If a deadline falls on a public holiday, such as Christmas Day or New Year’s Day, the deadline is typically moved to the next business day. It’s crucial to consult with a lawyer to ensure compliance with civil procedure rules.

Q: How do shutdown periods affect ongoing cases?

A: Shutdown periods, like the Christmas break, can delay court proceedings and the resolution of cases. During these times, courts may close and legal professionals might take annual leave, which can impact the timeline of your case.

Q: Can the holiday season lead to an extension of deadlines?

A: Yes, many law firms are aware of the challenges posed by the festive period and they may be more willing to negotiate extensions or adjustments to deadlines. However, it is advisable to formally request any adjustments through your lawyer.

Q: What is the impact of the Christmas and New Year period on court judgments?

A: The Christmas and New Year period can result in delays in court judgments, as courts may not be in session. This means that parties involved in a case may have to wait longer for a decision or judgment, potentially affecting their legal strategy.

Q: Are there special clauses in contracts addressing holiday deadlines?

A: Yes, many contracts include clauses that specify how deadlines are handled during holiday periods. These clauses can outline what happens if a deadline falls during a holiday, such as extending the deadline to the next business day.

Q: How can I prepare for legal processes during the festive season?

A: To prepare for legal processes during the festive season, ensure that you are well aware of upcoming deadlines, consult your lawyer about any potential impacts of the holiday period and plan ahead to avoid last-minute rushes.

Q: What should I consider when hiring a lawyer during the holiday season?

A: When hiring a lawyer during the holiday season, consider their availability and whether they will be taking time off for the Christmas holidays. It’s important to ensure that they can meet your needs in a timely manner, especially if you have fast-approaching deadlines.

Q: How do legal firms handle cases during the Christmas and New Year period?

A: Many legal firms may operate with reduced staff during the Christmas and New Year period, which can affect their capacity to handle cases. It’s advisable to communicate with your law firm to understand their schedule and ensure that your case receives the attention it needs.



 



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