Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)Chapter III : The Land Claims Court37. Appeals from Court |
| (1) | No appeal shall lie against a judgment or order of the Court except with leave of the Court or, where such leave has been refused, with the leave of the Supreme Court of Appeal. |
[Section 37(1) substituted by section 27(a) of Act No. 63 of 1997]
| (2) | An appeal from a judgment or order of the Court shall be heard by the Supreme Court of Appeal. |
[Section 37(2) inserted by section 27(b) of Act No. 63 of 1997]
| (3) | The Supreme Court of Appeal may, in granting leave to appeal, vary any order for costs made by the Court in refusing leave to appeal. |
[Section 37(3)substituted by section 27(b) of Act No. 63 of 1997]
| (4) | The power to grant leave to appeal as contemplated in subsection (1)— |
| (a) | shall not be limited by reason only of the value of the matter in dispute or the amount claimed or awarded in the suit or by reason only of the fact that the matter in dispute is incapable of being valued in money; and |
| (b) | shall be subject to the provisions of any other law which specifically limits it or specifically grants, limits or excludes any right of appeal. |
| (5) | Leave to appeal may be granted subject to such conditions as the Court or the Supreme Court of Appeal, as the case may be, considers appropriate, including a condition that the applicant shall find security for the costs of the appeal. |
[Section 37(5) substituted by section 27(b) of Act No. 63 of 1997]
| (6) | The Supreme Court of Appeal may grant leave to appeal on application made to it within 15 days, or such longer period as may on good cause be allowed, after the Court has refused leave to appeal. |
[Section 37(6) substituted by section 27(b) of Act No. 63 of 1997]
(7)
| (a) | An application to the Supreme Court of Appeal in terms of subsection (6)— |
| (i) | shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief; |
| (ii) | shall be addressed to the registrar of the Supreme Court of Appeal, to the registrar of the Court and to all other parties in the proceedings before the Court. |
| (b) | The application shall be considered by two judges of the Supreme Court of Appeal designated by the Chief Justice, and in the case of a difference of opinion, also by the Chief Justice or any other such judge so designated. |
| (c) | The judges considering the application may order that the application be argued before them at a time and place appointed, and may, whether or not they have so ordered— |
| (i) | grant or refuse the application; or |
| (ii) | refer the application to the Supreme Court of Appeal for consideration, whether upon argument or otherwise, |
and where an application has been so referred, the Supreme Court of Appeal may thereupon grant or refuse the application.
| (d) | The decision of the majority of the judges considering the application, or the decision of the Supreme Court of Appeal, as the case may be, to grant or refuse the application shall be final. |
| (e) | Notice of the date and place fixed for the hearing of the application shall be given to the applicant and the respondent by the registrar of the Supreme Court of Appeal. |
[Section 37(7) substituted by section 27(b) of Act No. 63 of 1997]
| (8) | The Supreme Court of Appeal shall, on the hearing of any appeal from the Court have the power— |
| (a) | to receive further evidence; |
| (b) | to remit the case to the Court for further hearing, with such instructions as regards the taking of further evidence or otherwise as the Supreme Court of Appeal considers necessary; or |
| (c) | to confirm, amend or set aside the judgment or order which is the subject of the appeal and to give any judgment or make any order which the circumstances may require. |
[Section 37(8) substituted by section 27(b) of Act No. 63 of 1997]
| (9) | Nothing in this section contained shall be construed as preventing an appeal from a judgment or order of the Court being made directly to the Constitutional Court, if such an appeal is allowed by national legislation and by the rules of the Constitutional Court. |
| (10) | For the purposes of this section "Supreme Court of Appeal" means the Supreme Court of Appeal referred to in section 168 of the Constitution. |
[Section 37(10) inserted by section 27(c) of Act No. 63 of 1997]
[Section 37 substituted by section 22 of Act No. 78 of 1996]