Superior Courts Act, 2013 (Act No. 10 of 2013)Chapter 4 : Manner of arriving at decisions by Superior Courts12. Manner of arriving at decisions by Constitutional Court |
| (1) | In accordance with section 167(2) of the Constitution, any matter before the Constitutional Court must be heard by at least eight judges. |
| (2) | If, at any stage after a hearing has commenced, any judge of the Constitutional Court is absent or unable to perform his or her functions, or if a vacancy among the members of the court arises, and— |
| (a) | the remaining members of the court are not less than eight in number— |
| (i) | such hearing must continue before the remaining judges of the court; and |
| (ii) | the decision of the majority of the remaining judges of the court shall, if that majority is also a majority of the judges of the court before whom the hearing commenced, be the decision of the court; or |
| (b) | the remaining members of the court are fewer than eight in number, the proceedings must be stopped and commenced de novo. |
| (3) | No judge may sit at the hearing of an appeal against a judgment or order given in a case which was heard before him or her. |