Section 81: Appeals to Judicial Committee

81. Appeals to Judicial Committee (1) An appeal shall lie from decisions of the Court of Appeal or the Supreme Court to the Judicial Committee as of right in the following cases— (a) final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution; (b) where the matter in dispute on the appeal to the Judicial Committee is of the value of 10,000 rupees or upwards or where the appeal involves, directly or indirectly, a claim to or a question respecting property or a right of the value of 10,000 rupees or upwards, final decisions in any civil proceedings; (c) final decisions in proceedings under section 17; and (d) in such other cases as may be prescribed by Parliament: Provided that no such appeal shall lie from decisions of the Supreme Court in any case in which an appeal lies as of right from the Supreme Court to the Court of Appeal. CON – 59 [Issue 1] The Constitution (2) An appeal shall lie from decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee with the leave of the Court in the following cases— (a) where in the opinion of the Court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee, final decisions in any civil proceedings; and (b) in such other cases as may be prescribed by Parliament: Provided that no such appeal shall lie from decisions of the Supreme Court in any case in which an appeal lies to the Court of Appeal, either as of right or by the leave of the Court of Appeal. (3) Subsections (1) and (2) shall be subject to section 37 (6) and paragraphs 2 (5), 3 (2) and 4 (4) of the First Schedule. (4) In this section, the references to final decisions of a Court do not include any determination of a Court that any application made to it is merely frivolous or vexatious. (5) Nothing in this section shall affect any right of the Judicial Committee to grant special leave to appeal from the decision of any Court in any civil or criminal matter. [S. 81 amended by Act 48 of 1991.]