IN THE HIGH COURT OF SOUTH AFRICA

[PROVINCIAL / LOCAL DIVISION]

Appeal Case No: __________
Case No (Magistrates’ Court): __________

In the matter between:

[APPELLANT NAME]                              APPELLANT
and
[RESPONDENT NAME]                          RESPONDENT

HEADS OF ARGUMENT

[APPELLANT / RESPONDENT]

A. INTRODUCTION

1. This is an appeal to the High Court against a judgment / ruling / order of the Magistrates’ Court sitting at [seat of court].
2. The appeal is brought in terms of [Rule / statutory provision].
3. The court a quo delivered its decision on [date].

B. NATURE OF THE APPEAL

4. The appeal is noted against:
   4.1 Findings of fact; and/or
   4.2 Findings of law; and/or
   4.3 The exercise of a discretion.
5. The appeal record consists of [volumes / pages].

C. ISSUE(S) ON APPEAL

6. The issue(s) for determination are:
   6.1 [Placeholder]
   6.2 [Placeholder]
   6.3 [Placeholder]

D. FINDINGS OF THE COURT A QUO

7. The Magistrate found that:
   7.1 [Placeholder]
   7.2 [Placeholder]
8. The court a quo accordingly ordered:
   8.1 [Placeholder]

E. GROUNDS OF APPEAL

E.1 Misinterpretation or Misapplication of the Law

9. [Placeholder]

E.2 Misdirection on the Facts

10. [Placeholder]

E.3 Failure to Exercise a Judicial Discretion Properly

11. [Placeholder]

F. APPLICABLE LEGAL PRINCIPLES

12. The appeal is governed by the following legal principles:
    12.1 [Statutory provision]
    12.2 [Common‑law principle]
    12.3 [Binding precedent]

G. SUBMISSIONS

G.1 General Principles Applicable to Magistrates’ Court Appeals

13. [Placeholder]

G.2 Submission on Ground(s) of Appeal

14. [Placeholder]

G.3 Alternative Submissions (if any)

15. [Placeholder]

H. STANDARD OF APPELLATE INTERFERENCE

16. This Honourable Court may interfere where:
    16.1 [Placeholder]
    16.2 [Placeholder]

I. RELIEF SOUGHT

17. The [Appellant / Respondent] prays for an order in the following terms:
    17.1 The appeal is [upheld / dismissed];
    17.2 The order of the court a quo is [set aside / confirmed / varied];
    17.3 Further and/or alternative relief.

J. COSTS

18. An order as to costs in the following terms:
    18.1 [Placeholder]

K. CONCLUSION

19. It is accordingly submitted that the appeal should be disposed of as set out above.

DATED AT: ___________________
ON THIS THE: ______ DAY OF ______________ 20___

__________________________________
[NAME OF COUNSEL]
Counsel for the [Appellant / Respondent]

LIST OF AUTHORITIES

Legislation

• [Placeholder]

Case Law

• [Placeholder]