Administration of Justice (Further Amendment) Act, 1927

by enacted by the Parliament of South Africa

Act

To make further provision for the procedure of the Appellate Division of the Supreme Court and to abolish trial by jury in civil cases in the Provinces of the Cape of Good Hope and Natal.

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(Assented to 26th March, 1927.)
(Signed by the Governor-General in English.)

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

Repeal of section one hundred and ten of the South Africa Act and substitution of new section.

1. Section one hundred and ten of the South Africa Act, 1909, is hereby repealed, and the following new section is substituted therefor:―

Quorum for hearing appeals.

110. (1) On the hearing of an appeal from a court consisting of a single judge, three judges of the Appellate Division shall form a quorum; and on the hearing of an appeal from a court consisting of two or more judges, four judges of the Appellate Division shall form a quorum:

Provided that if four judges of the Appellate Division sit to hear an appeal and are equally divided as to any judgment or order, or part thereof, to be given on appeal, any part of the judgment or order of the court from which the appeal is made, in respect whereof such judges are so divided, shall stand and shall be deemed to be the judgment or order of the Appellate Division:

Provided, further, that the costs arising out of any matter in respect whereof such judges are so divided shall be awarded to the party in whose favour such matter was decided by the court from which the appeal is made, subject to the power of such judges, or three of them, to make any other order as to the costs which they may deem equitable.

(2) If after argument on an appeal has been heard a judge who sat at the hearing dies or retires, or becomes otherwise incapable of acting before judgment has been given on the appeal, then―

(a)

if the argument was heard before three judges, the judgments of the two remaining judges if in agreement; or

(b)

if the argument was heard before four judges, the judgments of the three remaining judges if in agreement; or

(c)

if the argument was heard before five judges, the judgments of the four remaining judges if in agreement, or of any three of them which are in agreement,

shall be the judgment of the Court.

(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.

Quorum of Appellate Division in applications and certain criminal and other matters.

2. Notwithstanding anything contained in Part VI of the South Africa Act, 1909, or in this Act or in any other law, three judges of the Appellate Division shall form a quorum for the hearing and determination of―

(a)

any application or motion of whatsoever nature made to or before it; or

(b)

any appeal under section three hundred and seventy-one of the Criminal Procedure and Evidence Act, 1917; or

(c)

any case or question reserved for its consideration under section three hundred and sixty-nine or section three hundred and seventy-two of the last-mentioned Act; or

(d)

any appeal against any judgment, whether in civil or criminal proceedings, of the Native High Court of Natal.

Jury trials in civil cases in Cape and Natal abolished.

3. (1) From and after the commencement of this Act, the laws specified in the Schedule thereto shall be repealed to the extent set forth in the fourth column of that Schedule, together with any other law repugnant to or inconsistent with this section, and it shall no longer be competent in the Provinces of the Cape of Good Hope and Natal for any issue in any civil case to be tried by jury.

(2) Nothing in this section contained shall apply to any civil case in which at the commencement of this Act application for trial by jury had competently been made under any law, and such civil case shall be tried and determined in all respects as if this Act had not been passed.

Short title.

4. This Act may be cited as the Administration of Justice (Further Amendment) Act, 1927.

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Schedule.

Province of Union.	No. and Year of Law.	Long or Short Title or Subject of Law.	Extent of Repeal.
Cape of Good Hope.	Act No. 22 of 1891.	The Jury Act, 1891.	So much as is unrepealed.
〃	Act No. 23 of 1891.	The Trial Act (Civil Cases), 1891.	The whole.
Natal.	Law No. 10 of 1871.	The Jury Law, 1871.	So much as is unrepealed.
〃	Law No. 24 of 1874.	Jury Lists for Pietermaritzburg and Durban	So much as is unrepealed.
〃	Law No. 8 of 1878.	Amendment of Jury Laws and Constitution and formation of special juries.	The whole.
〃	Law No. 14 of 1883.	Jury Law Amendment	So much as is unrepealed.
〃	Law No. 4 of 1892.	Jury Law Amendment	So much as is unrepealed.
〃	Act No. 15 of 1895.	Jury Law Amendment	The whole.
〃	Act No. 5 of 1899.	Jury Law Amendment	So much as is unrepealed.
〃	Act No. 39 of 1896.	The Supreme Court Act 1896.	So much of Part VIII. (sections forty to fifty-six) as is unrepealed.
〃	Act No. 46 of 1898.	The Supreme Court (Zululand) Act, 1898.	So far as it relates to juries in civil cases.
〃	Act No. 39 of 1904.	Jury Law Amendment	The whole.