(1) Notwithstanding section 19 of the Administrative Court Act [Chapter 7:01] an appeal against the decision of the Administrative Court or the President thereof may only be made in respect of—
(a) a matter of law which has arisen for decision; or
(b) a question as to whether a matter for decision is a matter of fact or a matter of law; or
(c) a question which has arisen as to the admissibility of evidence.
(2) Where in any proceedings before the Administrative Court any question arises in any of the matters referred to in subsection (1), the President of the Court may, at the request of any party to the proceedings, refer the matter to the Supreme Court for decision, whether before or after the Administrative Court has given its decision on the proceedings:
Provided that a matter shall not be referred to the Supreme Court in terms of this subsection in pursuance of a request made after the date on which the Administrative Court gave its decision unless the request is made within one month thereof.
(3) If the President of the Administrative Court after the Court has given its decision in any proceedings refuses any request to refer a question to the Supreme Court in terms of subsection (2), the party by whom the request was made may, within one month of the giving of that decision, apply to the Supreme Court for an order directing the President of the Court to refer the question to the Supreme Court and the President of the Court shall comply with any such order.
(4) On any reference to the Supreme Court under this section with respect to any proceedings before the Administrative Court and on any application under subsection (3), every party to the proceedings before the Administrative Court shall be entitled to appear and to be heard.
(5) Where after the Administrative Court has given its decision in any proceedings the President of the Court refers to the Supreme Court in terms of this section a question which arose in the course of the proceedings and the Supreme Court decides that the question was erroneously determined by the Administrative Court—
(a) the Administrative Court shall, if it considers it requisite to do so for the purpose of giving effect to the decision of the Supreme Court, give to the parties to the proceedings a further opportunity of presenting their cases; and
(b) the Administrative Court shall reconsider the matter in dispute in conformity with the decision of the Supreme Court; and
(c) if on such reconsideration it appears to the Administrative Court to be appropriate to do so, the Court shall make such order revoking or modifying any order previously made by it in the proceedings or make such other order as on such reconsideration the Court considers to be appropriate.
(6) Any reference of a matter to the Supreme Court under this section shall be by way of stating a case for the opinion of the Supreme Court and the decision of the Supreme Court on any such reference shall be final.