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(b)
has no original but has review and appellate jurisdiction in matters in which a
Swazi Court or Court Martial has jurisdiction under any law for the time being
in force.
(4)
The High Court has no power, in a trial for the offence of treason, to convict any
person for an offence other than treason.
(5)
A Justice of the High Court may, in accordance with rules of court, exercise in court
or in chambers all or any of the jurisdiction vested in the High Court by this Constitution or any
other law.
(6)
For the purposes of hearing and determining an appeal within its jurisdiction and the
enforcement of a judgement or order made on any appeal, the High Court shall have all the
powers, authority and jurisdiction vested in the court or tribunal from which the appeal is
brought.
(7)
In this section any reference to “revisional jurisdiction” shall be construed as including
a reference to jurisdiction to determine reserved questions of law and cases stated.
(8)
Notwithstanding subsection (1), the High Court has no original or appellate
jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the
Queen Mother); the authorisation of a person to perform the functions of Regent in terms of
section 8; the appointment, revocation and suspension of a Chief; the composition of the
Swazi National Council, the appointment and revocation of appointment of the Council and
the procedure of the Council; and the Libutfo (regimental) system, which matters shall
continue to be governed by Swazi law and Custom..
Review and supervisory powers of High Court
152.
The High Court shall have and exercise review and supervisory jurisdiction over all
subordinate courts and tribunals or any lower adjudicating authority, and may, in exercise of
that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement
of its review or supervisory powers.
Part 3
Appointment, removal, etc of Superior Court Justices
Appointment of Justices of the superior courts
153.
(1)
The Chief Justice and the other Justices of the superior courts- shall be appointed by
the King on the advice of the Judicial Service Commission.
(2)
Where the office of the Chief Justice is vacant, or where the Chief Justice is for any
reason unable to perform the functions of office
(a)
until a person has been appointed to, and has assumed the functions of, that
office; or
(b)
until the person holding the office of Chief Justice has resumed the functions
of that office, as the case may be,
those functions shall be performed by the most senior of the Justices of the Supreme Court.
(3)
Where it appears to the Chief Justice that for a short duration the prescribed
complement of the Supreme Court or High Court, as the case may be, is for any reason
unlikely to be realised or where the exigencies of the situation so require, the Chief Justice
shall advise the King to appoint a qualified person to act in that Court for that duration.
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