Page:Appellate Division Quorum Act 1959.djvu/1

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Appellate Division Quorum

Act No. 1 of 1959.

Act

To amend the South Africa Act, 1909.



(English text signed by the Governor-General.)
(Assented to 12th February, 1959.)


Be it enacted by the Queen’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―


Substitution of section 110 of South Africa Act, 1909.

1. The following section is hereby substituted for section one hundred and ten of the South Africa Act, 1909:

“Quorum of the Appellate Division.

110. (1) The quorum of the Appellate Division shall be five judges in civil matters and in criminal matters arising out of proceedings before a special criminal court constituted under section one hundred and twelve of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), and three judges in other criminal matters: Provided that on the hearing of an appeal, whether civil or criminal, in which the validity of any Act of Parliament (which includes any instrument which purports to be and has been assented to by the Governor-General as such an Act) is in question, eleven judges of the Appellate Division shall form a quorum.

(2) If at any stage during the hearing of any matter before the Appellate Division one or more of the judges die or retire or become otherwise incapable of acting or are absent, the hearing shall proceed before the remaining judges, and―

(a)   where the hearing was commenced before three judges of whom two remain, the judgments of those two if in agreement; or
(b)   where the hearing was commenced before five judges, the judgments of at least three of the remaining judges which are in agreement; or
(c)   where the hearing was commenced before eleven judges, the judgments of at least six of the remaining judges which are in agreement,

shall be the judgment of the Court, and in any other case the hearing shall be commenced de novo.

(3) No judge shall sit in the hearing of an appeal against a judgment or order given in a case which was heard before him.”.


Repeal of Act 27 of 1955.

2. The Appellate Division Quorum Act, 1955, is hereby repealed.


Short title.

3. This Act shall be called the Appellate Division Quorum Act, 1959.