Page:High Court of Parliament Act 1952.djvu/2
High Court of Parliament.
Act No. 35 of 1952.
purports to be an Act of Parliament, and which purports to be enacted by the King, the Senate and the House of Assembly, whether it purports to have been passed by a joint sitting of the Senate and the House of Assembly or by the Senate and the House of Assembly in separate sittings, and irrespective of the subject matter thereof.
2. Notwithstanding anything to the contrary in any law contained, any judgment or order of the Appellate Division of the Supreme Court of South Africa, whether given or made before or after the commencement of this Act, whereby the said Appellate Division declared or declares invalid any provision of any Act of Parliament referred to in section one or whereby it declared or declares that any such Act is not an Act of the Parliament of the Union, or whereby it refused or refuses to give effect to any provision of such an Act or prohibited or prohibits any person from giving effect to any such provision or in any other manner rendered or renders such a provision inoperative or denied or denies that it has the force of law, shall, subject to the provisions of this Act, be subject to review by the High Court of Parliament (hereinafter referred to as the Court) which shall be a court of law constituted as hereinafter provided.
3. (1) Every senator and every member of the House of Assembly shall be a member of the Court and shall, notwithstanding the dissolution of the Senate or the House of Assembly, as the case may be, continue to be a member of the Court until a new Senate has been constituted or, as the case may be, a general election of members of the House of Assembly has been held, or until any matter under review by the Court has been disposed of by it, whichever may be the later: Provided that a member of the Court shall vacate his office as a member of the Court if he ceases to be a senator or a member of the House of Assembly otherwise than in consequence of the dissolution of the Senate or the House of Assembly.
(2) The Governor-General may appoint one of the members of the Court as the President thereof.
(3) The President shall preside at all sittings of the Court and shall hold office during the pleasure of the Governor-General: Provided that the President may designate any other member of the Court to preside during his temporary absence from the Court.
(4) Fifty of the members of the Court shall form a quorum at any sitting of the Court.
(5) The Clerk of the House of Assembly shall be ex officio the Registrar of the Court: Provided that the President of the Court may designate any other person to act as Registrar of the Court during the absence of the Registrar.
(6) A person who becomes a member of the Court after the date upon which a sitting of the Court in pursuance of a notice published under section seven has commenced, shall not be competent to take his seat as a member of the Court in connection with the consideration of the application for review of the judgment or order in respect of which that sitting has been convened.