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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter V : Commissioner, Advisory Committee and Compensation Fund

58. Supreme Court rulings

 

(1) The commissioner may with the consent of the Minister state a special case for the ruling of the Transvaal Provincial Division of the Supreme Court of the Republic of South Africa on any question of law which has arisen in connection with any matter in which the commissioner has given or is required to give a decision under this Act.

 

(2) Any person who has an interest in the decision in question, may appear in person or be represented by counsel at the hearing of any such case.

 

(3) Where any such ruling has been given, the commissioner shall in any future instance act in conformity with that ruling, and if the ruling is in conflict with any decision already given by the commissioner, such decision shall be modified so as to bring it into conformity with the ruling: Provided that any person affected by such ruling, and (with the consent of the Minister) the commissioner, may without obtaining leave to do so, appeal against such ruling to the Appellate Division.

 

(4) When a provincial or local division of the Supreme Court of the Republic of South Africa has given a decision or ruling which affects the administration of this Act, the Minister may submit that decision or ruling to the Appellate Division in order that it may determine the said question for the guidance of all courts.