Page:Administration of Justice (Further Amendment) Act 1927.djvu/1



[Date of commencement―29th March, 1927.

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.

E IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

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 Section one hundred and ten of the South Africa Act, 1909, is hereby repealed, and the following new section is substituted therefor:― Quorum for hearing appeals. 110.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―

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