s 18 Reference to Court of Appeal of matter determined by General Division of High Court
18.—(1) When an order has been reviewed and determined by the General Division of the High Court under section 17, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the General Division of the High Court has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal. (2) The Attorney-General may refer any question of law of public interest under this section without the permission of the Court of Appeal. (3) An application under subsection (1) or a reference under subsection (2) —(a) must be made within 15 days, or any longer period as the Court of Appeal may permit, after the determination of the matter to which it relates; and (b) in the case of an application by the Attorney-General, must be made by him or her or with his or her written consent. (4) An application made under subsection (1) by a party who is not the Attorney-General —(a) must be in Form 12 in the Second Schedule; (b) must be supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and (c) must be sealed by an officer of the Registry of the Supreme Court. (5) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates. (6) Where —(a) a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and (b) it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates, the application may, without being set down for hearing, be summarily refused by an order made by a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground. (7) A decision of the Court of Appeal to summarily refuse under subsection (6) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal. (8) Notice of a refusal under subsection (6) of an application under subsection (1) must be served on the applicant. (9) Where, after the Court of Appeal has summarily refused under subsection (6) an application under subsection (1) (called in this subsection the application for permission), the applicant files, within 14 days after the service of the notice of the refusal on the applicant, with the Registrar of the Supreme Court —(a) notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and (b) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing. (10) In granting permission to refer any question of law of public interest under subsection (1), or where the Attorney-General refers any question of law of public interest under subsection (2), the Court of Appeal may —(a) reframe the question or questions to reflect the relevant issue of law of public interest; and (b) make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case. (11) The Court of Appeal, in hearing and determining any questions referred, may make any order that the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case. (12) For the purposes of this section, each of the following is deemed to be a question of law of public interest:(a) any question of law regarding which there is a conflict of judicial authority; (b) any question of law that the Attorney-General refers.[Act 17 of 2022 wef 01/07/2022]