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 (a) and (b) of subsection (1) 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 (b) of subsection (1) 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.

43Changes in composition

1

This section applies if in any proceedings the Court ceases to be duly constituted in accordance with section 42, or in accordance with a direction under this section, because one or more members of the Court are unable to continue.

2

The presiding judge may direct that the Court is still duly constituted in the proceedings.

3

The presiding judge may give a direction under this section only if—

a

the parties agree;

b

the Court still consists of at least three judges (whether the number of judges is even or uneven);

c

at least half of those judges are permanent judges.

4

Subsections (2) and (3) are subject to directions given by the President of the Court.

5

If in any proceedings the Court is duly constituted under this section with an even number of judges, and those judges are evenly divided, the case is to be re-argued in a Court which is constituted in accordance with section 42.

6

In this section—

a

“presiding judge” means the judge who is to preside, or is presiding, over proceedings;

b

references to permanent judges have the same meaning as in section 42.