South Africa Act, 1909/1952-06-04

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

Rhodesia Appeals Act, No. 18 of 1931

South Africa Act Amendment Act, No. 17 of 1933

Financial Adjustments Act, No. 29 of 1933

South Africa Act Amendment Act, No. 45 of 1934

Status of the Union Act, No. 69 of 1934

Census Amendment Act, No. 5 of 1935

South Africa Act Amendment Act, No. 43 of 1935

General Law Amendment Act, No. 46 of 1935

Representation of Natives Act, No. 12 of 1936

Electoral Quota Act, No. 21 of 1937

South Africa Act Amendment Act, No. 13 of 1938

Constitution (Prevention of Disabilities) Act, No. 19 of 1940

Electoral Laws Amendment Act, No. 20 of 1940

Judges’ Act, No. 41 of 1941

Electoral Quota Consolidation Act, No. 30 of 1942

Financial Relations Consolidation and Amendment Act, No. 38 of 1945

Electoral Laws Amendment Act, No. 10 of 1946

South Africa Act Amendment Act, No. 21 of 1946

Provincial Powers Extension Act, No. 41 of 1947

Powers and Privileges of Provincial Councils Act, No. 16 of 1948

Criminal Procedure Amendment Act, No. 37 of 1948

Deputy-Administrators Act, No. 2 of 1949

Privy Council Appeals Act, No. 16 of 1950

South Africa Act Amendment Act, No. 39 of 1950

South Africa Act Amendment Act, No. 66 of 1951

General Law Amendment Act, No. 32 of 1952

105. (1) In every case, civil or criminal, in which at the establishment of the Union an appeal might have been made from a court of resident magistrate or other inferior court to a superior court in any of the Colonies, the appeal shall be made to the corresponding division of the Supreme Court of South Africa, but there shall be no further appeal against any judgment given on appeal by such division except to the Appellate Division, and then only if such corresponding division has given special leave to appeal.

(2) (a) If such corresponding division refuses special leave to appeal, the party aggrieved may, within twenty-one days of such refusal or within such extended period as may on good cause be allowed, by petition addressed to the Chief Justice, submit his application for special leave to appeal to the Appellate Division.

(b) The petition may be considered in chambers by the Chief Justice or by any other judge of the Appellate Division to whom it may be referred by the Chief Justice.

(c) The judge considering the petition may―

order that the application be argued before him at a time and place appointed; or, whether he has acted under this paragraph or not; grant or refuse the application; or refer the matter to the Appellate Division for consideration, whether upon argument or otherwise, and the Appellate Division may then grant or refuse the application.

(d) The decision of a judge of the Appellate Division or of the Appellate Division (as the case may be) to grant or refuse the application shall be final. (e) Notice shall be given by the Registrar of the Appellate Division to the applicant and the respondent of the date fixed for the hearing of any application under this sub-section and of any place appointed under paragraph (c) for any hearing.

(3) If in any civil case any court or judge grants special leave to appeal under the provisions of sub-section (2), such court or judge may order the appellant to find security for the costs of appeal in such an amount as may be fixed by such court or judge and may also fix the time within which such security shall be found.