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Registration of Copyright in Cinematograph Films Act, 1977 (Act No. 62 of 1977)

Appeal to and Powers of the Court

33. Appeal against decisions of the Registrar to the court and powers of the court

 

(1) In addition to any right of appeal specifically conferred in respect of proceedings under this Act, any party to any proceedings before the Registrar other than proceedings under section 11, may appeal to the court against any decision or order pursuant to such proceedings.

 

(2) Subject to the provisions of subsection (5), an appeal shall lie to the division of the Supreme Court having jurisdiction to hear appeals in the area wherein the decision or order was given, and thereafter to the appellate division of the Supreme Court.

 

(3) In addition to any other powers conferred upon it by this Act, the court may in relation to such appeal—
(a) confirm, vary or reverse the order or decision appealed against, as justice may require;
(b) if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the Registrar with instructions in regard to the taking of further evidence or the setting out of further information;
(c) order the parties of either of them to produce at some convenient time in the court of appeal such further proof as shall to it seem necessary or desirable; or
(d) take any other course which may lead to the just, speedy and as far as may be possible inexpensive settlement of the case; and
(e) make such order as to costs as justice may require.

 

(4)

(a) Every appeal to a provincial or local division of the Supreme Court shall be noted and prosecuted in the manner prescribed by law for appeals to the provincial division against a civil order or decision of a single judge of such division: Provided that the provincial or local division concerned may, on application and on good cause shown, allow such extension of time for noting or prosecuting the appeal as may be necessary.
(b) Every appeal to the appellate division of the Supreme Court shall be noted and prosecuted in the manner prescribed by law for appeals to such division in civil proceedings save that no special leave to appeal to such division shall be necessary.

 

(5) The parties to proceedings before the Registrar shall be deemed to be parties to a civil proceeding for the purposes of section 20 (3) of the Supreme Court Act, 1959 (Act No. 59 of 1959), and the appellate division of the Supreme Court shall have jurisdiction to hear and determine an appeal against an order or decision of the Registrar without any intermediate appeal having been first heard and determined by a provincial division of the said court, if the said parties lodge with the Registrar notice in writing of their consent thereto on the form prescribed and pay the prescribed fee.