Page:Republic of South Africa Constitution Act 1961 statute book scan.djvu/31

406

appellant be released wholly or in part from the surcharge as may appear to be just and reasonable.

(b) The auditor concerned shall be informed of every such order.

(c) The administrator concerned shall present a complete list of all surcharges remitted in whole or in part in accordance with the provisions of this sub-section, to the provincial council as soon as possible if the council is in session, or if the council is not in session, within seven days after the commencement of its next ensuing session.

(9) Any person against whom a surcharge has been raised, may, instead of appealing to the administrator concerned under paragraph (a) of sub-section (8), apply to any court of competent jurisdiction, within a period of one month after he has been notified in writing by the auditor concerned of the surcharge, or within such further period as the court may allow, for an order setting aside or reducing the surcharge, and such court may on any such application, if not satisfied by that auditor on the merits of the case that the surcharge was rightly imposed, or as to the correctness of the amount thereof, make an order setting aside the surcharge or reducing it, as the case may be.

92. Notwithstanding anything in this Act contained, all powers, authorities and functions lawfully exercised at the commencement of this Act by divisional or municipal councils, or any other duly constituted local authority or body contemplated in paragraph (vi) of section eighty-five of the South Africa Act, 1909, shall be and remain in force until varied or withdrawn by Parliament or by a provincial council having power in that behalf.

93. The seats of provincial government shall be―

ADMINISTRATION OF JUSTICE.

94. (1) The judicial authority of the Republic shall be vested in a Supreme Court to be known as the Supreme Court of South Africa and consisting of an Appellate Division and such provincial and local divisions as may be prescribed by law.

(2) The said Supreme Court shall, subject to the provisions of section fifty-nine, have jurisdiction as provided in the Supreme Court Act, 1959.

(3) Save as otherwise provided in the Supreme Court Act, 1959, Bloemfontein shall be the seat of the Appellate Division of the Supreme Court of South Africa.