79
(b)
for misbehaviour.
(6)
Where the Chief Justice represents to the King that the question of removing a
member appointed in terms of subsection (2)(b) or (d) as mentioned in subsection (5) ought to
be investigated, then
(a)
the King shall appoint a tribunal consisting of a chairman and two other
persons selected by the Chief Justice (after consultation with the President of
the Law Society of Swaziland) from among persons who hold or have held or
qualify to hold high judicial office; and
(b)
the tribunal shall enquire into the matter, and report on the facts to the King
and recommend to him whether the member concerned ought to be removed
under subsection (5).
(7)
Where the position of Chief Justice is vacant or for any other reason the Chief Justice
is not available the most senior of the judges of the Supreme Court shall act as chairman of
the Commission.
(8)
The Commission may by regulation or otherwise regulate its own procedure and, with
the consent of the Prime Minister, may confer powers or impose duties on any public officer of
the Government for the purpose of the discharge of its functions.
Functions of the Judicial Service Commission
160.
(1)
Subject to any other powers or general functions conferred on a service commission
in terms of this Constitution, the Judicial Service Commission shall, among other things,
perform the following functions –
(a)
advise the King in the exercise of the power to appoint persons to hold or act
in any office specified in this Constitution which includes power to exercise
disciplinary control over those persons and to remove those persons from
office;
(b)
advise the King on the appointment, discipline and removal of the Director of
Public Prosecutions and other public officers as provided in this Constitution;
(c)
review and make recommendations, subject to the provisions of this
Constitution, on the terms and conditions of service of Judges and persons
holding the judicial offices enumerated in subsection (3);
(e)
receive and process recommendations and complaints concerning the
judiciary;
(f)
advise the Government through the Minister responsible for Justice on
improving the administration of justice generally; and
(g)
any other function prescribed by this Constitution or Parliament.
(2)
Without derogating from the provisions of subsection (1), the Commission has power
to appoint persons to hold or act in any of the offices mentioned under subsection (3)
including the power to exercise disciplinary control over those persons and the power to
remove those persons from office.
(3)
The offices referred to in subsection (2) are
(a)
the office of
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