You are an Advocate and practising member of the Bisho Society of Advocates with chambers at Berea in East London and you receive a brief from Mr Lionel Makwetu, a newly appointed director of Brighton Bizos Attorneys. Mr Makwetu seeks a legal opinion relating to the case which is pending before the Supreme Court of Appeal. The appeal has already been noted and it is waiting allocation of the hearing date.

Mr Makwetu has been advised by his client that there are some new developments regarding the case. He is of the view that the developments might justify the application/request for: (i) the introduction of further evidence; and, (ii) raising of new points that were not presented before the High Court which served as the trial court or court of first instance. However, he is not sure whether it is possible to pursue the aforesaid application/request since the matter is already before the appeal court. The issues brought by the developments were never raised before the trial court and were never part of the appeal record. Mr Makwetu advised his client that they should adopt a rather cautious approach in dealing with this aspect of the appeal. It is for this reason that Mr Makwetu has briefed you and seeks your opinion on this technical issue.

Instruction:

You are required to draft a legal opinion on whether it is possible or not to introduce further evidence; and, raise new points on appeal or not? If yes, what is the procedure? In your opinion, critically discuss the applicable legal principles on the issues. Refer to relevant authorities. (25 marks)