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

17. Manner of arriving at decisions in courts of provincial or local divisions


(1) Save as otherwise provided in this Act or any other law, the judgment of the majority of the judges of the full court of a provincial or local division shall be the judgment of the court, and where the judgments of a majority of the judges of any such court are not in agreement, the hearing shall be adjourned and commenced de novo before a new court constituted in such manner as the judge president or, in the absence of both the judge president and the deputy judge president, the senior available judge of the division concerned may determine.


(2) If at any stage during the hearing of any matter by a full court, any judge of such court dies or retires or is otherwise incapable of acting or is absent, the hearing shall, if the remaining judges constitute a majority of the judges before whom it was commenced, proceed before such remaining judges, and if such remaining judges do not constitute such a majority, or if only one judge remains, the hearing shall be commenced de novo, unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the majority of such remaining judges or of such one remaining judge as the decision of the court.


(3) The provisions of subsection (1) shall mutatis mutandis apply whenever in the circumstances set out in subsection (2) a hearing proceeds before two or more judges.