A.D. 1909.
except to the Appellate Division, and then only if the Appellate Division shall have given special leave to appeal.
104. In every case, civil or criminal, in which at the establishment of the Union an appeal might have been made from the Supreme Court of any of the Colonies or from the High Court of the Orange River Colony to the King-in-Council, the appeal shall be made only to the Appellate Division: Provided that the right of appeal in any civil suit shall not be limited by reason only of the value of the matter in dispute or the amount claimed or awarded in such suit.
105. In every case, civil or criminal, in which at the establishment of the Union an appeal might have been made from a court of resident magistrate or other inferior court to a superior court in any of the Colonies, the appeal shall be made to the corresponding division of the Supreme Court of South Africa; but there shall be no further appeal against any judgment given on appeal by such division except to the Appellate Division, and then only if the Appellate Division shall have given special leave to appeal.
[1]106. There shall be no appeal from the Supreme Court of South Africa or from any division thereof to the King-in-Council, but nothing herein contained shall be construed to impair any right which the King-in-Council may be pleased to exercise to grant special leave to appeal from the Appellate Division to the King-in-Council. Parliament may make laws limiting the matters in respect of which such special leave may be asked, but Bills containing any such limitation shall be reserved by the Governor-General for the signification of His Majesty’s pleasure:[2] Provided that nothing in this section shall affect any right of appeal to His Majesty-in-Council from any judgment given by the Appellate Division of the Supreme Court under or in virtue of the 53 & 54 Vict., c. 27.Colonial Courts of Admiralty Act, 1890.
[3]107. The Chief Justice of South Africa and the ordinary judges of appeal may, subject to the approval of the Governor-General-in-Council, make rules for the conduct of the proceedings of the Appellate Division and prescribing the time and manner of making appeals thereto. Until such rules shall have been promulgated,
- ↑ For rules regulating appeals to the King-in-Council see Govt. Notice No. 771 of 1911 (Gazette, 9th May, 1911, p. 900).
- ↑ Cf. paragraph VII of the Royal Instructions, post p. 104.
- ↑ For rules as to conduct of proceedings in Appellate Division see Govt. Notice No. 61 of 1910 (Gazette, 14th June, 1910, p.138); Govt. Notice No. 286 of 1910 (Gazette, 2nd August, 1910, p. 706); and Govt. Notice No. 561 of 1910 (Gazette, 16th September, 1910, p. 1241).
