Composition — further provisions
36.—(1)  Despite section 32(1), a case before the Appellate Division may, if the Seventh Schedule so provides, be heard and decided by —
(a)either a single Judge or 2 Judges; or
(b)2 Judges.
(2)  A Judge must not sit in the Appellate Division to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 40(1).
(3)  Where the Appellate Division is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his functions as a Judge of the Appellate Division so constituted —
(a)the Appellate Division must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and
(b)the case must be reheard if it cannot continue under paragraph (a).
[Act 40 of 2019 wef 02/01/2021]