Court days versus Interpretation Act calendar days
Court days exclude weekends and public holidays. Interpretation Act calendar days count every day but extend past a Sunday or public holiday — not a Saturday. Getting this wrong changes the deadline.
The two methods count time very differently, and a rule will specify which applies. Using the wrong one can move a deadline by days.
Court days
Court days follow the Uniform Rules: you exclude Saturdays, Sundays and public holidays entirely. Only working days count towards the total.
Illustration — 5 court days from a Monday, assuming no public holiday falls in the week: you count Tuesday, Wednesday, Thursday, Friday and the following Monday (the weekend does not count), giving that Monday as the fifth court day.
Calendar days under the Interpretation Act
Section 4 of the Interpretation Act 33 of 1957 counts every day, with two refinements: the first day is excluded and the last day is included, and if the last day falls on a Sunday or a public holiday, the period extends to the next day that is neither. Importantly, it does not extend past a Saturday — a Saturday is a valid last day.
- First day excluded, last day included.
- Last day on a Sunday or public holiday → extends to the next ordinary day.
- Last day on a Saturday → the Saturday stands; no extension.
Plain calendar days
Plain calendar days make no adjustment at all — every day counts and the last day stands whatever it falls on. Use this only when the source you are working from truly means unadjusted calendar days.
Molao knows the South African and Botswana public-holiday calendars and applies them for you. Your job is to pick the method the governing rule requires.
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