Notes and Comments: Oral Advocacy and Judicial Decision-Making in the South African Appellate Courts

The founders of the South African legal system brought with them both the British and Roman-Dutch traditions of oral advocacy in courts of law. Certainly, for as long as the formal South African legal system has existed, counsel have been required to present legal arguments in person to appeal court judges. While the length of time allotted has decreased as the workload has increased, the use of oral arguments in appellate courts remains a time-honored tradition, not just in South Africa, but in many courts across the globe. This article seeks to understand the use of oral argument, its role and function, in appellate courts. Following a review of the literature, I analyze interviews conducted with members of the South African judiciary, including justices of the Constitutional Court of South Africa and judges of the Supreme Court of Appeal. I also report the results of interviews with senior advocates. [PUBLICATION ABSTRACT]