South Africa Act, 1909/1959-02-20

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

Electoral Laws Amendment Act, No. 55 of 1952

Bantu Education Act, No. 47 of 1953

South Africa Act Amendment Act, No. 20 of 1954

South Africa Act Amendment Act, No. 9 of 1955

Appellate Division Quorum Act, No. 27 of 1955

Senate Act, No. 53 of 1955

General Law Amendment Act, No. 62 of 1955

South Africa Act Amendment Act, No. 9 of 1956

Railways and Harbours Acts Further Amendment Act, No. 39 of 1956

General Law Amendment Act, No. 50 of 1956

South Africa Act Further Amendment Act, No. 1 of 1957

South Africa Act Amendment Act, No. 2 of 1957

General Law Amendment Act, No. 68 of 1957

South Africa Act Amendment Act, No. 1 of 1958

South Africa Act Further Amendment Act, No. 49 of 1958

Appellate Division Quorum Act, No. 1 of 1959

South Africa Act Amendment Act, No. 3 of 1959

52. A member of either House of Parliament shall be incapable of being chosen or of sitting as a member of the other House: Provided that every Minister of State who is a member of either House of Parliament and every member of either House of Parliament holding office as a deputy to any Minister of State shall have the right to sit and speak in the Senate and the House of Assembly, but shall vote only in the House of which he is a member.

110. (1) The quorum of the Appellate Division shall be five judges in civil matters and in criminal matters arising out of proceedings before a special criminal court constituted under section one hundred and twelve of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), and three judges in other criminal matters: Provided that on the hearing of an appeal, whether civil or criminal, in which the validity of any Act of Parliament (which includes any instrument which purports to be and has been assented to by the Governor-General as such an Act) is in question, eleven judges of the Appellate Division shall form a quorum.

(2) If at any stage during the hearing of any matter before the Appellate Division one or more of the judges die or retire or become otherwise incapable of acting or are absent, the hearing shall proceed before the remaining judges, and―

where the hearing was commenced before three judges of whom two remain, the judgments of those two if in agreement; or where the hearing was commenced before five judges, the judgments of at least three of the remaining judges which are in agreement; or where the hearing was commenced before eleven judges, the judgments of at least six of the remaining judges which are in agreement,

shall be the judgment of the Court, and in any other case the hearing shall be commenced de novo.

(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.