Constitution of the Kingdom of Swaziland, 2005
(b)
eSwatini
the High Court,
(i)
that person is or has been a legal practitioner, barrister or advocate of not less than
ten years’ practice in Swaziland or any part of the Commonwealth or the Republic of
Ireland; or
(ii)
that person is, or has served as, a Judge of a superior court of unlimited jurisdiction in
civil and criminal matters in any part of the Commonwealth or the Republic of Ireland
for a period of not less than five years; or
(iii)
that person is, or has served as, such legal practitioner, barrister or advocate as
referred to in paragraph (b)(i) and as such Judge as referred to in paragraph (b)(ii) for a
combined period of such practice and service of not less than ten years.
155. Tenure of office of superior court Justice
(1)
A Justice of the Supreme Court of Judicature shall hold office in terms of this Constitution.
(2)
The office of a Justice of a superior court shall not be abolished while there is a substantive holder
of that office.
(3)
In the case of a Justice of a superior court, it shall not be necessary for the appointment to be
subject to any period of probation.
156. Retirement and resignation of Justices of the superior courts
(1)
Subject to the provisions of this Constitution or any other law, a Justice of a superior court—
(a)
may retire at any time after attaining the age of sixty-five years subject to a service of at least
ten years;
(b)
shall vacate office, in the case of—
(i)
the Supreme Court, at seventy-five years;
(ii)
the High Court, at seventy five years;
(iii)
the Supreme Court and High Court, upon removal from office in terms of section 158.
(2)
A Justice of a superior court may at any time resign from office by notice in writing addressed to the
Chairman of the Judicial Service Commission.
(3)
Notwithstanding that a Justice has attained the age at which that Justice is required to vacate office,
a Justice of a superior court may continue in office for such period, not exceeding six months, as
may be necessary to enable that Justice to deliver judgment or do any other thing in relation to
proceedings that were commenced before that Justice previously to attaining that age.
157. Appointment of Justices of the superior courts on contract
(1)
A person who is not a citizen of Swaziland shall not be appointed as Justice of a superior court after
seven years from the commencement of this Constitution.
(2)
Unless otherwise agreed between the contracting parties, a Judge on contract shall vacate office at
the end of the period provided in the contract.
158. Removal of Justices of superior courts
(1)
A Justice of the Superior Court of Judicature may only be removed from office in accordance with
the provisions of this section.
(2)
A Justice of a superior court shall not be removed from office except for stated serious misbehaviour
or inability to perform the functions of office arising from infirmity of body or mind.
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