Supreme Court Act, 1959 (Act No. 59 of 1959)

12. Constitution of court of appellate division
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(1)The quorum of the appellate division shall, subject to the provisions of subsection (2), be five judges in all criminal and civil matters: Provided that—
(a)an application under subsection (2) of section four shall be heard and determined by the Chief Justice and two judges of appeal;
(b)on the hearing of an appeal, whether criminal or civil, in which the validity of an Act of Parliament (which includes any instrument which purports to be and has been assented to by the State President as such an Act) is in question, eleven judges of the appellate division shall form a quorum;
(bA)the Chief Justice or, in his or her absence, the senior available judge of the appellate division may direct that an appeal in a criminal or civil matter be heard before a court consisting of three judges;
(c)whenever it appears to the Chief Justice, or in his absence, the senior available judge of the appellate division that any matter, not being an appeal referred to in paragraph (b), should in view of its importance be heard before a court consisting of a larger number of judges, he may direct that the matter be heard, or if the matter is already being heard, that the hearing be discontinued and commenced anew before a court consisting of so many judges as he may determine.

 

(2)The judgment of the majority of the judges of any court of the appellate division shall be the judgment of the court and where there is no judgment to which a majority of such judges agree, the hearing shall be adjourned and commenced de novo before a new court constituted in such manner as the Chief Justice or, in his absence, the senior available judge of the appellate division may determine.

 

(3)If at any stage during the hearing of an appeal one or more of the judges die or retire or become otherwise incapable of acting or are absent, the hearing shall, where the remaining judges constitute a majority of the judges before whom the hearing was commenced, proceed before such remaining judges, and the judgments of a majority of such remaining judges which are in agreement shall, if that majority is also a majority of the judges before whom the hearing was commenced, be the judgment of the court, and in any other case the appeal shall be heard de novo.

 

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

 

(5)During any period which may be fixed by rule of court as a vacation of the appellate division, one judge thereof shall have power and jurisdiction to hear and determine applications for leave to proceed in forma pauperis or for any interlocutory order.