Part 3The Supreme Court

Composition for proceedings

42Composition

1

The Supreme Court is duly constituted in any proceedings only if all of the following conditions are met—

a

the Court consists of an uneven number of judges;

b

the Court consists of at least three judges;

c

more than half of those judges are permanent judges.

2

Paragraphs and of subsection are subject to any directions that in specified proceedings the Court is to consist of a specified number of judges that is both uneven and greater than three.

3

Paragraph of subsection is subject to any directions that in specified descriptions of proceedings the Court is to consist of a specified minimum number of judges that is greater than three.

4

This section is subject to section 43.

5

In this section—

a

“directions” means directions given by the President of the Court;

b

“specified”, in relation to directions, means specified in those directions;

c

references to permanent judges are references to those judges of the Court who are not acting judges under section 38.

6

This section and section 43 apply to the constitution of the Court in any proceedings from the time judges are designated to hear the proceedings.