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Judicial power of Swaziland
140.
(1)
The judicial power of Swaziland vests in the Judiciary. Accordingly, an organ or
agency of the Crown shall not have or be conferred with final judicial power.
(2)
In the exercise of the judicial power under this Constitution or any other law, the
superior courts may, in relation to any matter within their jurisdiction, issue such orders or
directions as may be necessary to ensure the enforcement of any judgement, decree or order
of those courts.
Independence of the Judiciary
141.
(1)
In the exercise of the judicial power of Swaziland, the Judiciary, in both its judicial and
administrative functions, including financial administration, shall be independent and subject
only to this Constitution, and shall not be subject to the control or direction of any person or
authority.
(2)
Neither the Crown nor Parliament nor any person acting under the authority of the
Crown or Parliament nor any person whatsoever shall interfere with Judges or judicial
officers, or other persons exercising judicial power, in the exercise of their judicial functions.
(3)
All organs or agencies of the Crown shall give to the courts such assistance as the
courts may reasonably require to protect the independence, dignity and effectiveness of the
courts under this Constitution.
(4)
A judge of a superior court or any person exercising judicial power, is not liable to any
action or suit for any act or omission by that judge or person in the exercise of the judicial
power.
(5)
The administrative expenses of the Judiciary, including all salaries, allowances,
gratuities and pensions payable to, or in respect of persons serving in the Judiciary, shall be
charged on the Consolidated Fund.
(6)
The salary, allowances, privileges and rights in respect of leave of absence, gratuity,
pension and other conditions of service of a Judge of a superior court or any judicial officer or
other person exercising judicial power, shall not be varied to the disadvantage of that Judge
or judicial officer or other person.
(7)
The Judiciary shall keep its own finances and administer its own affairs, and may deal
directly with the Ministry responsible for finance or any other person in relation to its finances
or affairs.
Administrative functions of the Chief Justice
142.
Subject to the provisions of this Constitution or any other law, the Chief Justice as head of the
Judiciary may make rules for regulating the practice and procedure of the superior and subordinate
courts, including the specialised and local courts as well as powers of judicial officers.
Oaths by Justices of the superior courts
71
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