Section 12: Removal and transfer of proceedings

12. Removal and transfer of proceedings (1) Where, in a case where proceedings are instituted against the State in a District Court, an application in that behalf is made by the State to the Supreme Court, and there is produced to the Court a certificate of the Attorney-General to the effect that the proceedings may involve an important question of law, or may be decisive of other cases arising out of the same matter, or are for other reasons more fit to be tried in the Supreme Court, the proceedings shall be removed into the Supreme Court. (2) Where proceedings have been removed into the Supreme Court on the production of a certificate under subsection (1), and it appears to the Court by which the proceedings are tried that the removal has occasioned additional expense to the person by whom the proceedings are brought, the Court may take account of the additional expenses so occasioned in exercising its powers in regard to the award of costs. [S. 12 amended by Act 48 of 1991.]