Part 3

The Supreme Court

Composition for proceedings

Composition
42
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.