constituteproject.org PDF generated: 19 Feb 2021, 13:13 3. • Ordinary court selection For the purposes of clauses (1) (b) and (2) (b), any period during which a person has functioned as a public officer holding an office for which qualification as a barrister or attorney is required may be treated as a period of practice under the clauses. 127. The President shall, by instrument under the Public Seal, appoint the Judges and Masters of the Supreme Court from candidates proposed by the Constitutional Appointments Authority. 128. 1. Where the office of Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of the office of Chief Justicea. 2. until a person has been appointed to and has assumed the functions of that office; or b. until the person holding that office has resumed the functions of that office, as the case may be, the functions of the office shall be performed by a Judge appointed by the President from Judges proposed by the Constitutional Appointments Authority. Wherea. the office of a Judge is vacant; b. a Judge is for any reason unable to perform the functions of the office of a judge; or c. the Chief Justice advises the President that the state of business in the Supreme Court so requires. the President may appoint a person from candidates proposed by the Constitutional Appointments Authority to act as a Judge- d. until a person has been appointed and has assumed the functions of that office; e. until the person holding that office has assumed the functions of that office; or f. 3. until the President, on the advice of the Chief Justice, revokes the appointment, as the case may be. An appointment under clause (2) (c) may be made without reference to any numerical limit imposed under article 125(6) PART IV: CONSTITUTIONAL QUESTIONS • Constitutional interpretation • Structure of the courts 129. 1. The jurisdiction an powers of the Supreme Court in respect of matters relating to the application, contravention, enforcement or interpretation of the Constitution shall be exercised by not less than two judges sitting together. 2. Where two or more Judges sit together for the purposes of clause (1), the most senior of the Judges shall preside. 3. Any reference to the Constitutional Court in this Constitution shall be a reference to the Court sitting under clause (1) Seychelles 1993 (rev. 2011) Page 54

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