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Disposal of records and execution of judgments of Circuit Courts

26. (1) Within one month after the termination of the sittings of any Circuit Court, the registrar thereof must, subject to any directions of the presiding judge or judges, transmit all records in connection with the proceedings in that court to the registrar of the Supreme Court of Appeal or the Division concerned, as the case may be, to be filed as records of that Court or Division.

(2) Any judgment, order or sentence of a Circuit Court may, subject to any applicable rules for the time being in force, be carried into execution by means of process of the Supreme Court of Appeal or the Division concerned, as the case may be.

Removal of proceedings from one Division to another or from one seat to another in same Division

27. (1) If any proceedings have been instituted in a Division or at a seat of a Division, and it appears to the court that such proceedings—

should have been instituted in another Division or at another seat of that Division; or

would be more conveniently or more appropriately heard or determined—

at another seat of that Division; or

by another Division,

that court may, upon application by any party thereto and after hearing all other parties thereto, order such proceedings to be removed to that other Division or seat, as the case may be.

(2) An order for removal under subsection (1) must be transmitted to the registrar of the court to which the removal is ordered, and upon the receipt of such order that court may hear and determine the proceedings in question.

Prohibition on attachment to found jurisdiction within Republic

28. No attachment of property to found jurisdiction shall be ordered by a Division against a person who is resident in the Republic.

Rules of Constitutional Court

29. (1) The Chief Justice, after consultation with the Minister, makes rules relating to the manner in which the Constitutional Court may be engaged in any matter, including the matters referred to in section 172 of the Constitution, and all matters relating to the proceedings of and before the Court.

(2) The Minister must table every rule and every amendment or repeal thereof in Parliament at least 30 days before the publication thereof.

(3) The rules must, when it is in the interests of justice and with the leave of the Court, allow a person—

to bring a matter directly to the Court; or

to appeal directly to the Court from any other court.

Rules of Supreme Court of Appeal and High Court

30. (1) Rules for the Supreme Court of Appeal, the High Court and the Magistrates' Courts are made in accordance with the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985).

(2) The provisions of section 29(2) and (3) also apply to rules referred to in subsection (1).