South Africa Act, 1909/1927-03-29

as amended by

Exchequer and Audit Act, No. 21 of 1911

Appellate Division Act, No. 12 of 1920

South Africa Act, 1909, Amendment Act, No. 9 of 1925

South Africa Act, 1909, Further Amendment Act, No. 34 of 1925

Local Government (Provincial Powers) Act, No. 1 of 1926

Electoral Act, 1918, Amendment Act, No. 11 of 1926

Criminal and Magistrates’ Courts Procedure (Amendment) Act, No. 39 of 1926

Payment of Members of Parliament Act, No. 51 of 1926

Administration of Justice (Further Amendment) Act, No. 11 of 1927

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 if the argument was heard before four judges, the judgments of the three remaining judges if in agreement; or if the argument was heard before five judges, the judgments of the four remaining judges if in agreement, or of any three of them which are in agreement,

shall be the judgment of the Court.

(3) No judge shall sit in the hearing of an appeal against a judgment or order given in a case which was heard before him.