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Appeal Law in Johannesburg, South Africa is the legal process that allows an individual or entity to challenge a court's decision at a higher judicial authority. The Appellate Court system in Johannesburg functions to ensure that judgements made by lower courts are correct and just. The appealing party, often referred to as the 'Appellant', may appeal due to dissatisfaction with a judgment or belief of an error made in the application of law during the initial court process. Appeals can be made in various areas including civil, constitutional, and criminal matters.
A lawyer specializing in Appeal law can be invaluable in navigating the complex legal process in Johannesburg. If you believe that a court decision was wrongly decided, an experienced lawyer could help gather and present evidence to argue your case effectively at the appellate level. Situations that may require legal help include wrongful conviction, unfair sentencing, or breaching of legal procedures during hearing or trial at the lower court. Lawyers can also help if you want to challenge the constitutional validity of a law used to arrive at a judgment.
The South African legal system is based on Roman-Dutch law and English common law. It recognizes the Constitutional Court as the highest court for constitutional matters while the Supreme Court of Appeal is the highest appellate court for non-constitutional matters. You may file an appeal if you have grounds to argue that the initial court made an error in judgement by misinterpreting or wrongly applying the law. You must note that an appellate court will not reassess factual evidence or hear new evidence that was not presented in the initial court. The time within which you should lodge an appeal is 21 days after the judgement has been delivered.
Q1: What is the basis for an appeal? Ans: The basis for an appeal is typically a perceived misinterpretation or wrong application of the law by the original court.
Q2: Can new evidence be presented in the appeal process? Ans: No, the appellate court does not evaluate new evidence. They only reassess how the law was applied in the initial court decision.
Q3: Are all decisions subject to appeal? Ans: Yes, generally all decisions can be appealed unless stated otherwise by law. However, one requires sufficient grounds to appeal a court's decision.
Q4: Is there a time limit within which to appeal a decision? Ans: Yes, an appeal needs to be lodged within 21 days from the date when the judgement has been delivered.
Q5: What role does a lawyer play in an appeal? Ans: A lawyer can help identify grounds for appeal, gather necessary evidence, frame legal arguments, and present them effectively to the appellate court.
You might find valuable legal information and advice from governmental bodies such as the South African Judicial Education Institute and the Law Society of South Africa. Considerable volumes of information can also be found in the South African Law Reports and law libraries around Johannesburg.
If you believe you have grounds for an appeal, the first step is to get in touch with a lawyer experienced in appellate law. The lawyer will review your case, discuss with you the likelihood of succeeding in an appeal, and guide you through the process if your case is eligible. Remember, it is crucial to act promptly due to the 21-day limit for lodging an appeal.
