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Section history

Section 401 — Powers of General Division of High Court on revision

As in force on 26 May 2025.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 2 January 2021 Act 40 of 2019
  3. 26 May 2025 You are here
  4. 17 August 2026 Latest
401.Powers of General Division of High Court on revision

(1)On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged.

(2)The General Division of the High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392.

(3)The General Division of the High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate.

(4)This section does not authorise the General Division of the High Court to convert an acquittal into a conviction.