Page:High Court of Parliament Act 1952.djvu/4

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High Court of Parliament.
195

Act No. 35 of 1952.

Consideration of application for review by a Committee of the Court.

6. (1) Within thirty days after an application for review has been lodged with him in terms of section five, the President of the Court shall refer it to a committee of the Court (hereinafter referred to as the Judicial Committee) constituted as hereinafter provided.

(2) The Judicial Committee shall consist of ten members of the Court appointed by the President by notice in the Gazette one of whom shall be designated by the President as the chairman thereof.

(3) Four of the members of the Judicial Committee shall form a quorum.

(4) The Clerk of the Senate shall be ex officio the Secretary of the Judicial Committee: Provided that the President of the Court may designate any other person to act as Secretary of the Judicial Committee during the absence of the Secretary.

(5) A decision of the majority of the members present shall be the decision of the Judicial Committee.

(6) The Judicial Committee shall hold its sittings in the Committee Rooms of the Senate or such other place as the President may determine.

(7)  (a) A person who was a party to the proceedings in which the judgment or order under review was given or made, may lodge with the Secretary of the Judicial Committee, in the manner prescribed by the rules made under section nine, written representations relative to the application for review for the consideration of the Committee and the Court.
(b) A party who has in terms of paragraph (a) lodged written representations with the Secretary of the Judicial Committee, shall be entitled to appear before the Committee either in person or ‘by Counsel and may, subject to the rules made under section nine, address the Committee on any matter relevant to the application for review.

(8) After the Judicial Committee has considered the relevant record of the proceedings and the reasons given by the judges of the Appellate Division of the Supreme Court and the representations (if any) of the persons who were the parties to the proceedings in which the judgment or order under review, was given or made, the Judicial Committee shall make a report to the Court and may make such recommendations on the application for review as it may deem fit.


Convening of Court.

7. As soon as practicable after the Judicial Committee has concluded its proceedings, the President shall by notice in the Gazette convene a sitting of the Court for the consideration of the report and the recommendations of the Judicial Committee.


Jurisdiction and decisions of the Court.

8. (1) The Court may at any sitting convened in terms of section seven and after consideration of the report and the recommendations of the Judicial Committee on any legal ground by resolution confirm, vary or set aside any judgment or order referred to in section two or make such other order or such order as to costs as the Court may deem fit.

(2) A decision of the majority of the members present shall be the decision of the Court.