Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Supreme Court Act, 1959 (Act No. 59 of 1959)25. No process to be issued against judge except with consent of court |
| (1) | Notwithstanding anything to the contrary in any law contained, no summons or subpoena against the Chief Justice, a judge of appeal or any other judge of the Supreme Court shall in any civil action be issued out of any court except with the consent of that court: Provided that no such summons or subpoena shall be issued out of an inferior court unless the provincial division which has jurisdiction to hear and determine an appeal in a civil action from such inferior court, has consented to the issuing thereof. |
| (2) | Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge must attend court shall, in the case of a summons or subpoena against a judge of the appellate division, be determined in consultation with the Chief Justice or, in his absence, the next senior judge of that division, and in the case of a summons or subpoena against a judge of a provincial or local division, in consultation with the Judge President or, in his absence, the next senior judge of the division concerned. |
