The combined force of impecuniosity, limited prospects of success, and the fact that an appeal is a second appeal (challenging a decision that affirmed a tribunal's considered decision) can constitute 'special circumstances' under Rule 295(1)(g) of the Supreme Court Rules 2006 (SA). A finding of impecuniosity does not of itself equate to evidence of stultification; the appellant bears the onus of raising stultification and cannot rely on the court's own finding of impecuniosity to establish it. Whether impecuniosity alone suffices as 'special circumstances' remains an open question in the Full Court.
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