(i) if the whole of the fine has not been recovered or paid, be liable to undergo the whole of the period of imprisonment or detention; or (ii) if part of the fine has been recovered or paid, be liable to undergo the period of imprisonment or detention reduced by a number of days bearing as nearly as possible the same proportion to the number of days to which the member was sentenced as the sum recovered or paid bears to the amount of the fine. 77 Warrants of committal (1) A prescribed officer may issue a warrant— (a) for the committal of any member sentenced by a military court to— (i) imprisonment in a civil prison; or (ii) detention in a detention barracks; (b) for the purposes of bringing an offender before a confirming authority in terms of subsection (3) of section seventy-four. (2) The member in charge of a detention barracks or the person in charge of a civil prison to whom the warrant referred to in paragraph (b) of subsection (2) of section seventy-six or subsection (1) is addressed shall act in accordance with the terms of that warrant. PART VIII COURT M ARTIAL APPEAL C OURT 78 Interpretation in Part VIII In this Part— “appeal certificate” means a certificate as to the sufficiency of a ground of appeal issued in terms of paragraph (b ) of subsection (1) or subsection (2) of section eighty; “Appeal Court” means the Court Martial Appeal Court established in terms of section seventy-nine; “appellant” means a person who has been convicted by a court martial and desires to appeal under this Part; “judges” means the Chief Justice and other judges of the Supreme Court; [Definition a s substituted by s. 16 of Act No. 6 of 2005] “Registrar” means the Registrar of the Appeal Court appointed in terms of subsection (2) of section seventynine; “rules of court” means rules made in terms of subsection (4) of section seventy-nine. 79 Establishment, practice and procedure of Court Martial Appeal Court (1) There shall be a Court Martial Appeal Court which shall consist of such judges, not being less than two, as the Chief Justice may from time to time appoint. [Subsection as amended by s. 16 of Act No. 6 of 2005] (2) There shall be a Registrar of the Appeal Court who shall be appointed by the Minister and have such d uties as may be prescribed in rules of court. (3) The Appeal Court shall be a superior court of record and shall sit in such places as the Chief Justice may from time to time direct. [Subsection as amended by s. 10 of Act No. 9 of 1997] (4) The Chief Justice may make rules of court with respect to all matters of practice and procedure relating to the exercise of the jurisdiction of the Appeal Court and such rules may provide for the summary determination of any appeal which appears to the Appeal Court to be frivolous or vexatious or to be brought for the purpose of delay. [Subsection as amended by s. 16 of Act No. 6 of 2005] 80 Appeals (1) Subject to this section, an appellant may appeal against conviction to the Appeal Court — (a) on any ground of appeal which involves— (i) a question of law alone; or (ii) a question of fact alone; or (iii) a question of mixed law and fact; or (b) on any other ground which is certified to be sufficient by— (i) the Appeal Court, where the appellant is stationed in Zimbabwe: or (ii) the confirming authority, where the appellant is stationed outside Zimbabwe. (2) Where an appeal certificate is refused by the confirming authority the appellant may apply to the Appeal Court for an appeal certificate and the Appeal Court may, if it thinks fit, issue such a certificate. (3) The procedure for— (a) the noting of an appeal; and (b) applying for an appeal certificate; and (c) furnishing the Commander with a copy of—