38.—(1) Any party to proceedings before a tribunal may appeal to the High Court against an order made by the tribunal under section 35(1) or 37(3) —
(a)
on any ground involving a question of law; or
(b)
on the ground that the claim was outside the jurisdiction of the tribunal.
(2) Rules may be made under section 47 to regulate and prescribe the procedure to be followed on appeals from a tribunal to the High Court.
[35
Informal Consolidation | Amended Act 40 of 2019
Appeal on point of law
38.—(1) Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 35(1) —
(a)
on any ground involving a question of law; or
(b)
on the ground that the claim was outside the jurisdiction of the tribunal.
[Act 33 of 2018 wef 01/11/2019]
[Act 40 of 2019 wef 02/01/2021]
(1A) An appeal shall lie to the General Division of the High Court under this section only if leave to appeal is given by the District Court.
[43/2005 wef 15/02/2006]
[Act 40 of 2019 wef 02/01/2021]
(1B) [Deleted by Act 33 of 2018 wef 01/11/2019]
(2) Where a proposed appeal against an order made by a tribunal does not satisfy subsection (1)(a) or (b), a District Court may, in addition to refusing leave under subsection (1A) and subject to such directions as the District Court thinks fit —
(a)
order that the matter be remitted to that tribunal for its reconsideration; or
(b)
order a rehearing of the matter by a different tribunal.
[Act 33 of 2018 wef 01/11/2019]
(3) Any order of a District Court under subsection (1A) or (2) is final and is not subject to an appeal.