Page:Appellate Division Act 1920.djvu/1

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[Date of commencement―2nd June, 1920.]

To make further provision as to the constitution of the Appellate Division of the Supreme Court and further to confer upon such division jurisdiction to hear and determine appeals from the High Court of the Protectorate of South-West Africa.

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 Section ninety-six of the South Africa Act 1909 is hereby repealed and the following provision is substituted therefor:― “96. There shall be an appellate division of the Supreme Court of South Africa consisting of the chief justice of South Africa and four judges of appeal.”

2. (1) In consequence of the enactment by section one of this Act of the substituted section ninety-six of the South Africa Act 1909 the following amendments are hereby made in other sections of that Act:―

From section ninety-five the word “ordinary” in the second line is deleted; from section ninety-seven the words “ordinary or additional” in the third line are deleted; and from the same section the words “ordinary judge of appeal or additional judge of appeal” in the sixth line are deleted and the words “or judge of appeal” are substituted therefor; from section one hundred the word “ordinary” in the first line is deleted; from section one hundred and seven the word “ordinary” in the second line is deleted.

(2) The two ordinary judges of appeal who were holding office immediately prior to the commencement of this Act shall become judges of appeal for the purposes of Part VI of the South Africa Act 1909 as hereby amended.

(3) Wherever in the Judges Salaries and Pensions Act 1912 or in any other law the expression “ordinary judge of appeal” is used that expression shall be construed as “judge of appeal.”