Comparison View

Formal Consolidation |  2007 RevEd
Reference of constitutional question to High Court
56A.—(1)  Where in any proceedings in a subordinate court a question arises as to the interpretation or effect of any provision of the Constitution, the court hearing the proceedings may stay the proceedings on such terms as may be just to await the decision of the question on the reference to the High Court.
[15/93]
(2)  An order staying proceedings under this section may be made by the court of its own motion or on the application of any party and shall be made at such stage of the proceedings as the court may see fit having regard to the decision of such questions of fact as may be necessary to be settled to assist the High Court in deciding the question which has arisen and to the speedy and economical final determination of the proceedings.
[15/93]
(3)  Where an order for stay of proceedings has been made under this section, the court shall state the question which in its opinion has arisen as to the interpretation or effect of the Constitution in the form of a special case which so far as may be possible shall state the question in a form which shall permit of an answer being given in the affirmative or the negative.
[15/93]
(4)  The court shall cause the special case to be transmitted to the High Court and the High Court shall hear and determine the constitutional question arising out of the case in the exercise of its original jurisdiction.
[15/93]
(5)  Notice of the hearing of the special case by the High Court under this section shall be given to the Attorney-General who shall have a right to be heard.
[15/93]
Informal Consolidation | Amended Act 5 of 2014
56A.  [Repealed by Act 15/2010 wef 02/01/2011]