Appellate Division Quorum Act, 1955

by enacted by the Parliament of South Africa

Act

To amend the South Africa Act, 1909.

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(English text signed by the Governor-General.)
(Assented to 10th May, 1955.)

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

Substitution of section 110 of the South Africa Act, 1909.

1. The following section is hereby substituted for section one hundred and ten of the South Africa Act, 1909:

“Quorum for hearing appeals.

110. (1) Five judges of the Appellate Division shall form a quorum: Provided that on the hearing of an appeal, whether criminal or civil, in which the validity of any Act of Parliament (which includes any instrument which purports to be and has been assented to by the Governor-General as such an Act) is in question, eleven judges of the Appellate Division shall form a quorum.

(2) If at any stage during the hearing of an appeal one or more of the judges die or retire or become otherwise incapable of acting or are absent, the hearing shall, notwithstanding the provisions of sub-section (1), proceed before the remaining judges, and―

(a)		where the hearing was commenced before five judges, the judgments of at least three of them which are in agreement; or
(b)		where the hearing was commenced before eleven judges, the judgments of at least six of them which are in agreement,

shall be the judgment of the Court, and in any other case the appeal shall be heard de novo.

(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.”.

Short title and date of commencement.

2. This Act shall be called the Appellate Division Quorum Act, 1955, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.