Constitution of the Kingdom of Swaziland, 2005 eSwatini (3) Where the King acting on the advice of an ad hoc committee in the case of the Chief Justice, and on the advice of the Chief Justice in the case of any Justice of a superior court, considers that the question of removing from office the Chief Justice or a Justice on any ground stated in subsection (2) ought to be investigated, the King shall refer the matter to the Judicial Service Commission for investigation. (4) The Commission shall enquire into the matter and recommend to the King whether the Chief Justice or the Justice ought to be removed from office. (5) Notwithstanding any provision of this Constitution, the King shall in each case act on the recommendation of the Commission. (6) Where the question of removal in terms of this section has been referred to the Commission the King may suspend from office the Chief Justice or the other Justice as the case may be for the duration of the inquiry. (7) Subject to considerations of fairness and natural justice, the Commission shall be reconstituted for the purpose as may be appropriate, the Chief Justice being replaced by the most senior Justice of the Supreme Court, and a Justice who is a member of the Commission being replaced by another Justice appointed by the other members of the Commission. (8) An inquiry in terms of this section shall not take longer than three months. (9) The King may at any time revoke a suspension under this section. (10) In this section “ad hoc committee” means a committee made up of the Minister responsible for Justice and Chairman of the Civil Service Commission and the President of the Law Society of Swaziland. Part 4 – Judicial Service Commission 159. Judicial Service Commission (1) There shall be an independent Judicial Service Commission for Swaziland, hereinafter in this chapter referred to as “the Commission”. (2) The Commission shall consist of the following— (a) the Chief Justice, who shall be the chairman; (b) two legal practitioners of not less than seven years’ practice and in good professional standing to be appointed by the King; (c) the Chairman of the Civil Service Commission; and (d) two persons appointed by the King. (3) In the exercise of its functions under this Constitution, the Commission or member of the Commission shall not be subject to the direction or control of any person or authority. (4) A member appointed in terms of subsection (2)(b) or (d) shall hold office for a period not exceeding four years and shall be eligible for re-appointment for a further one period. (5) A member appointed in terms of subsection (2)(b) or (d) (where a member appointed under paragraph (d) does not hold the position of Judge of a superior court) shall be removed from office by the King where the question of removal has been referred to a tribunal appointed in terms of subsection (6) and the tribunal has recommended that the member be removed from office— (a) for inability to exercise the functions of office (by reason of infirmity of body or mind or any other cause); or (b) for misbehaviour. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 59