Page:High Court of Parliament Act 1952.djvu/3

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High Court of Parliament.
193

Act No. 35 of 1952.

(7)  (a) No member of the Court shall vote or take part in the discussion of any matter before the Court or a Judicial Committee―
(i) in which he has a direct pecuniary interest; or
(ii) which relates to an application for the review of a judgment or order given or made in proceedings to which he was a party otherwise than nomine officii.
(b) No member of the Court shall be disqualified from sitting as a member of the Court or a Judicial Committee by reason of the fact that he participated in the proceedings of Parliament in his capacity as a Senator or a member of the House of Assembly during the passing of the Act of Parliament which forms the subject matter of the judgment or order under review.
(c) The President of the Court or the Chairman of a Judicial Committee, as the case may be, shall decide all questions relating to the competency of a member of the Court or a Judicial Committee to vote or take part in the discussion of any matter before the Court or a Judicial Committee, as the case may be, and the decision of the President or the Chairman on any such question shall be conclusive.

(8) The members of the Court shall receive such allowances in respect of their services as members of the Court as the Governor-General may determine.

(9) A member of the Court shall not be deemed to hold an office of profit under the Crown in terms of section fifty-three of the South Africa Act, 1909.


Place of sittings of Court.

4. The Court shall hold its sittings in the Chamber of the House of Assembly or such other place as the Governor-General may determine.


Application for review of judgments or orders of Appellate Division.

5. (1) One or other Minister of State shall―

(a) in the case of a judgment or order referred to in section two given or made prior to the date of commencement of this Act, within six months of the said date; or
(b) in the case of a judgment or order referred to in section two given or made after the date of commencement of this Act, within six months of the date of the judgment or order,

lodge with the President of the Court an application for the review by the Court of the said judgment or order and shall cause a copy of the application to be transmitted to the Registrar of the Appellate Division of the Supreme Court and to the persons who were the parties to the proceedings in which the judgment or order was given.

(2) An application lodged with the President of the Court in terms of sub-section (1) shall he accompanied by two copies of the relevant record of the proceedings which were lodged with the Appellate Division of the Supreme Court and of the judgment or order of the said Division and of the reasons given by the judges of the said Division.