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(2) Whenever by reason of absence or incapacity any court manager, registrar or assistant registrar is unable to carry out the functions of his or her office, or if his or her office becomes vacant, the Minister may, after consultation with the head of court concerned, authorise any other competent officer in the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.
(3) Any person appointed under subsection (1) may hold more than one of the offices mentioned in that subsection simultaneously.
(4) The Minister may delegate any of the powers vested in him or her under this section to the Secretary-General.
Chapter 4
Manner of arriving at decisions by Superior Courts
Manner of arriving at decisions by Constitutional Court
12. (1) In accordance with section 167(2) of the Constitution, any matter before the Constitutional Court must be heard by at least eight judges.
(2) If, at any stage after a hearing has commenced, any judge of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises, and—
(3) No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her.
Manner of arriving at decisions by Supreme Court of Appeal
13. (1) Proceedings of the Supreme Court of Appeal must ordinarily be presided over by five judges, but the President of the Supreme Court of Appeal may—
(2) (a) The judgment of the majority of the judges presiding at proceedings before the Supreme Court of Appeal shall be the judgment of the court.
(b) Where there is no judgment to which a majority of such judges agree, the hearing must be adjourned and commenced de novo before a new court constituted in such manner as the President of the Supreme Court of Appeal may determine.
(3) If, at any stage after the hearing of an appeal has commenced, a judge of the Supreme Court of Appeal is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises—