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(4)
Whether in respect of the office of the Chief Justice or office of any Justice of the
superior courts, an acting appointment shall not exceed a single renewable period of three
months.
(5)
Notwithstanding the provisions of subsections (3) and (4), the Chief Justice after
consultations with the Judicial Service Commission may make an acting appointment where
the duration does not exceed one month, unrenewable.
(6)
A person whose appointment to act as a Justice of a superior court has expired may,
with the consent of the King acting on the advice of the Chief Justice or the Chief Justice after
consultation with the Judicial Service Commission, continue to act for such a period not
exceeding three months as may be necessary to enable that person to deliver judgement or
to do any other thing in relation to proceedings that were commenced before that person
previously to the expiry of the acting appointment.
Qualification for appointment to the superior courts
154.
(1)
A person shall not be appointed as a Justice of a superior court unless that person is
a person of high moral character and integrity and in the case of an appointment to –
(a)
(b)
the Supreme Court,
(i)
that person is or has been a legal practitioner, barrister or advocate
of not less than fifteen 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 the High Court of
Swaziland or 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 seven years ; or,
(iii)
that person is, or has served as, such legal practitioner, barrister or
advocate as mentioned in paragraph (a) (i), and as such Judge as
mentioned in paragraph (a) (ii) for a combined period of that practice
and service of not less than fifteen years;
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.
Tenure of office of superior court Justice
155.
(1)
A Justice of the Supreme Court of Judicature shall hold office in terms of this
Constitution.
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