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143.
A judge of the Supreme Court or the High Court shall not enter upon the duties of office
unless that judge has taken and subscribed the oath of allegiance and the oath for the due execution
of office as set out in the Second Schedule.
Appointment of assessors
144.
(1)
A superior court may hear a case wholly or in part with the assistance of assessors.
(2)
A superior court may in any case in which it appears to that court to be expedient call
in the aid of one or more assessors with such qualifications as the court may deem
appropriate.
Part 2 (a)
The Supreme Court
Composition of the Supreme Court
145.
(1)
There shall be a Supreme Court of Judicature for Swaziland consisting of the Chief
Justice and not less than four other Justices of the Supreme Court.
(2)
The Supreme Court shall be duly constituted for its ordinary work by not less than
three Justices of the Supreme Court.
(3)
A full bench of the Supreme Court shall consist of five Justices of that Court.
(4)
The Chief Justice shall preside at sittings of the Supreme Court, and when not sitting
the most senior of the Justices constituting the court shall preside.
Jurisdiction of Supreme Court (General)
146.
(1)
The Supreme Court is the final court of appeal. Accordingly, the Supreme Court has
appellate jurisdiction and such other jurisdiction as may be conferred on it by this Constitution
or any other law.
(2)
Without derogating from the generality of the foregoing subsection, the Supreme
Court has
(a)
such jurisdiction to hear and determine appeals from the High Court of
Swaziland and such powers and authority as the Court of Appeal possesses
at the date of commencement of this Constitution; and
(b)
such additional jurisdiction to hear and determine appeals from the High
Court of Swaziland and such additional powers and authority, as may be
prescribed by or under any law for the time being in force in Swaziland.
(3)
Subject to the provisions of subsection (2), the Supreme Court has for all purposes of
and incidental to the hearing and determination of any appeal in its jurisdiction the power,
authority and jurisdiction vested in the court from which the appeal is brought.
(4)
A decision of the Supreme Court shall be enforced, as far as that may be effective, in
like manner as if it were a judgment of the court from which the appeal was brought.
(5)
While it is not bound to follow the decisions of other courts save its own, the Supreme
Court may depart from its own previous decision when it appears to it that the previous
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