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(b)
the House shall elect a person,
to fill the vacancy under the same provisions of section 95 as the person whose seat
become vacant was appointed or elected.
has
(2)
Where any person vacates a seat as a member of the House for any reason other
than a dissolution of Parliament, the King shall –
(a)
(b)
appoint another member; or
issue a writ for the election of a member,
to fill the vacancy under the same provisions of section 96 as the member whose seat has
become vacant was nominated or elected.
(3)
Unless more than two vacancies occur in one chamber of Parliament, a casual
vacancy as referred to in subsection (1) or (2) shall not be filled under this section where
Parliament stands to be dissolved within a period of less than nine months.
CHAPTER VIII
THE JUDICATURE
Part I
General
Administration of Justice
138.
Justice shall be administered in the name of the Crown by the Judiciary which shall be
independent and subject only to this Constitution.
The Judiciary
139.
(1)
The Judiciary consists of (a)
the Superior Court of Judicature comprising
(i)
(ii)
(b)
The Supreme Court, and
The High Court;
such specialised, subordinate and Swazi courts or tribunals exercising a
judicial function as Parliament may by law establish.
(2)
The Judiciary has jurisdiction in all matters civil and criminal, including matters
relating to this Constitution, and such other jurisdiction as may by law be conferred on it.
(3)
The superior courts are superior courts of record and have the power to commit for
contempt to themselves and all such powers as were vested in a superior court of record
immediately before the commencement of this Constitution.
(4)
Except as may otherwise be provided in this Constitution or as may otherwise be
ordered by a court in the interest of public morality, public safety, public order or public policy,
the proceedings of every court shall be held in public.
(5)
Subject to the provisions of this Constitution, the Chief Justice is the head of the
Judiciary and is responsible for the administration and supervision of the Judiciary.
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