Supreme Court Act, 1959 (Act No. 59 of 1959)21. Appeals to appellate division |
| (1) | In addition to any jurisdiction conferred upon it by this Act or any other law, the appellate division shall, subject to the provisions of this section and other law, have jurisdiction to hear and determine an appeal from any decision of the court of a provincial or local division. |
| (1A) | The appellate division shall have the same jurisdiction to hear and determine an appeal from any decision of a Supreme Court or a high court of a state to which independence has been granted by law, as it has in respect of any decision of the court of a provincial or local division, and any provision of this Act or any other law or rule of court applicable in connection with any appeal from a decision of any court of any provincial or local division shall mutatis mutandis apply with reference to any appeal from a decision of a supreme court or a high court of such a state. |
| (2) | The leave of the appellate division to appeal referred to in subsection (4) of section 20 may be granted by it on application made to it within 21 days, or such longer period as may on good cause be allowed, after the judgment or order referred to in paragraph (a) of that subsection against which appeal is to be made, was given or after the court referred to in paragraph (b) of that subsection refused leave to appeal, as the case may be. |
(3)
| (a) | An application to the appellate division under subsection (2) shall be submitted by petition addressed to the Chief Justice. |
| (b) | The petition shall be considered by two judges of the appellate division 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 petition 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 appellate division for consideration, whether upon argument or otherwise, |
| (iii) | and where an application has been so referred to the appellate division, that division may thereupon grant or refuse the application. |
| (d) | The decision of the majority of the judges considering the application, or the decision of the appellate division, as the case may be, to grant or refuse the application shall be final. |
| (e) | Notice of the date fixed for the hearing or any application under this subsection, and of the place appointed for such a hearing under paragraph (c), shall be given to the applicant and the respondent by the registrar of the appellate division. |
| (4) | [Deleted by s. 8 (c) of Act 105 of 1982.] |