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Section history

Section 399 — Opinion on case stated

As in force on 31 December 2021.

Timeline 6 versions
  1. 2 January 2011 Enacted
  2. 31 August 2012 Revised edition
  3. 7 March 2014 Act 5 of 2014
  4. 2 January 2021 Act 40 of 2019
  5. 31 December 2021 Revised edition
  6. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

399.Opinion on case stated

(1)The opinion of the General Division of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396.

(2)The Registrar of the Supreme Court must deliver a copy of the opinion of the General Division of the High Court or of the Court of Appeal and such orders that the Court has made under section 398 to —

(a)the Public Prosecutor;

(b)the Registrar of the State Courts where the trial court which stated the case is a State Court; and

(c)every party to the proceedings in which the case stated arose.

(3)If the opinion of the General Division of the High Court or the Court of Appeal (as the case may be) is given pending the conclusion of the trial, the trial court must proceed with the case having regard to the opinion on the case stated and any order of the General Division of the High Court or the Court of Appeal made under section 398.