eSwatini
Court of Appeal Act, 1954
Act 74 of 1954
- Commenced on 15 April 1955
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Court of Appeal Act, 1954.2. Interpretation
In this Act, unless the context otherwise requires—"judgment" includes decree, order, conviction, sentence and decision.3. Applications before single judge of Appeal
An application which may be brought before a single judge of the Court of Appeal may be dealt with by him in open court or in chambers, at his discretion.Part II – Criminal appeals
4. Right of appeal in criminal cases
5. Appeals in ordinary cases
6. Appeals by the prosecution
7. Determination of appeals by prosecution
8. Powers of Court in special cases
9. Suspension of order ancillary to conviction
10. Period of suspension of orders
11. Supplementary powers of Court
In the exercise of its jurisdiction, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—12. Stay of execution of certain sentences
In the case of a sentence of death or of corporal punishment—13. Power to admit to bail and postpone fine
Part III – Civil appeals
14. Right of appeal in civil cases
15. Right of appeal from the High Court’s civil appellate jurisdiction
A person aggrieved by a judgment of the High Court in its civil appellate jurisdiction may appeal to the Court of Appeal with the leave of the Court of Appeal or upon the certificate of the judge who heard the appeal, on any ground of appeal which involves a question of law but not on a question of fact.16. Appeal in special cases
An appeal shall lie to the Court of Appeal where provision is expressly made in an Act for such appeal.17. Power to reserve questions of law for opinion of Court of Appeal
In addition and without prejudice to the right of appeal given by this or any other Act, a judge of the High Court may reserve for consideration by the Court of Appeal, on a case to be stated by him, any question of law which may arise on the trial of a suit or matter and may give any judgment subject to the opinion of the Court of Appeal, and the Court of Appeal shall have powers to hear and determine every such question.History of this document
15 April 1955
Commences.
Cited documents 0
Documents citing this one 34
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- Director Of Public Prosecutions v Dlamini And Others (31 of 2015) [2016] SZSC 40 (30 June 2016)
- Dpp v Ndlovu And Another (15 of 2015) [2015] SZSC 321 (29 July 2015)
- Dube And Ezulwini Municipality And Others (91 of 2016) [2018] SZSC 49 (30 November 2018)
- Engen Petroleum Limited And Another v Custom Motors (Pty) Ltd (31 of 2016) [2016] SZSC 61 (30 June 2016)
- Khumalo v Khumalo (12 of 2009) [2009] SZSC 19 (20 November 2009)
- Khumalo v Rex (12 of 2012) [2012] SZSC 21 (31 May 2012)
- King v Ngubane (5 of 2004) [2004] SZSC 125 (29 November 2004)
- Mahlalela v Dlamini and Others (17 of 2013) [2013] SZHC 40 (6 March 2013)
- Mahlalela v Gilfillan Investments (Pty) Ltd (28 of 2005) [2005] SZSC 21 (14 November 2005)
- Mathabela v Rex (None of 2000) [2000] SZSC 28 (18 December 2000)
- Matiwane v Industrial Court of Appeal and Another [2000] SZHC 26 (8 March 2000)
- Mavuso v Rex (42 of 2014) [2015] SZSC 10 (29 July 2015)
- Maziya v Ndzimandze (2 of 2012) [2012] SZSC 23 (31 May 2012)
- Methula v Rex (15 of 2013) [2015] SZSC 217 (9 December 2015)
- Mkhatshwa v Stewart And Others (3 of 2016) [2017] SZSC 3 (5 May 2017)
- Mmeleli Investment Corporation (Pty) Limited And Others v Standard Bank Swaziland Limited (37 of 2009) [2009] SZSC 22 (20 November 2009)
- Motsa v Gamedze (Nee) Lukhele and Another (4044 of 2007) [2008] SZHC 80 (15 July 2008)
- Motsa v Rex (37 of 2010) [2012] SZSC 6 (31 May 2012)
- Mthethwa v Dube And Others [2013] SZSC 31 (31 May 2013)
- Mtsetfwa v Rex (45 of 2011) [2015] SZSC 18 (29 July 2015)
- Muir v dlamini and Others [1999] SZHC 93 (26 June 1999)
- Muir v Dlamini N.O and Others (3692 of 2002) [2004] SZHC 72 (15 June 2004)
- Ndwandwe v Rex (5 of 2012) [2012] SZSC 39 (30 November 2012)
- Rex v Shongwe (13 of 2022) [2022] SZSC 41 (22 September 2022)
- Rudd v Rex (Criminal Appeal 26 of 2012) [2012] SZSC 44 (30 November 2012)
- R v Matimba and Another (184 of 1998) [2000] SZHC 14 (22 May 2000)
- R v Mndzebele (213 of 2007) [2009] SZHC 247 (25 November 2009)
- R v Sibeke (239 of 2008) [2009] SZHC 87 (3 March 2009)
- Shilubane , Ntiwane And Partners v Paul Mhlaba Shilubane And Another (34 of 1997) [1997] SZSC 42 (4 December 1997)
- Siboniso Casper Masuku v Rex (35 of 2014) [2017] SZSC 16 (9 June 2017)
- Simelane And Another v Rex (2 of 2011) [2012] SZSC 33 (30 November 2012)
- Simelane v King and Another [2003] SZHC 80 (12 August 2003)
- Standard Chartered Bank Swd Ltd v Mahlalela [1994] SZSC 10 (1 July 1994)