To appeal against a court’s decision means to ask a higher court to consider the evidence again and see whether the lower court was wrong in its decision.

If a matter is being appealed, new evidence will not be allowed. If your case was decided by only one judge, you can also appeal to have the matter considered again in the same court by three judges, called a full bench.

If you want to appeal against a decision of a high court to the Supreme Court of Appeal, you must first get permission to appeal from that High Court. This permission is called ‘leave to appeal‘.

GETTING LEAVE TO APPEAL

If your case was heard in the KwaZulu-Natal High Court, then you must apply to the same High Court for leave to appeal to the Supreme Court of Appeal. If this permission is refused, you can ask the Supreme Court of Appeal itself for permission to appeal. The right to appeal is not an automatic right. Sometimes the judge will not give permission for you to take the case on appeal. (See: What is an Appeal?)

If you think that the proceedings in the High Court were unfair or not according to the law, you can ask for a review. Reviews happen automatically in certain circumstances. In other cases, you have to ask for a review.

(See: What is a Review?)