Constitution of the Kingdom of Swaziland, 2005
eSwatini
147. Appellate jurisdiction of Supreme Court
(1)
(2)
An appeal shall lie to the Supreme Court from a judgment, decree or order of the High Court—
(a)
as of right in a civil or criminal cause or matter from a judgment of the High Court in the
exercise of its original jurisdiction; or
(b)
with the leave of the High Court, in any other cause or matter where the case was
commenced in a court lower than the High Court and where the High Court is satisfied that
the case involves a substantial question of law or is in the public interest.
Where the High Court has denied leave to appeal the Supreme Court may entertain an application
for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and may
grant or refuse leave accordingly.
148. Supervisory and review jurisdiction
(1)
The Supreme Court has supervisory jurisdiction over all courts of judicature and over any
adjudicating authority and may, in the discharge of that jurisdiction, issue orders and directions for
the purposes of enforcing or securing the enforcement of its supervisory power.
(2)
The Supreme Court may review any decision made or given by it on such grounds and subject to
such conditions as may be prescribed by an Act of Parliament or rules of court.
(3)
In the exercise of its review jurisdiction, the Supreme Court shall sit as a full bench.
149. Powers of a single Justice of Supreme Court
(1)
Subject to the provisions of subsections (2) and (3) a single Justice of the Supreme Court may
exercise power vested in the Supreme Court not involving the determination of the cause or matter
before the Supreme Court.
(2)
In criminal matters, where a single Justice refuses or grants an application in the exercise of
power vesting in the Supreme Court, a person affected by such an exercise is entitled to have the
application determined by the Supreme Court constituted by three Justices.
(3)
In civil matters, any order, direction or decision made by a single Justice may be varied, discharged
or reversed by the Supreme Court of three Justices at the instance of either party to that matter.
Part 2(b) – The High Court
150. Composition of the High Court
(1)
(2)
(3)
There shall be a High Court of Judicature for Swaziland consisting of—
(a)
the Chief Justice, ex-officio;
(b)
not less than four Justices of the High Court as may be prescribed; and
(c)
such other Justices of the Superior Court of Judicature as the Chief Justice may, in writing
assign to sit as High Court Justices for any case or period.
The High Court shall be duly constituted—
(a)
by a single Judge of the High Court;
(b)
by a single Judge of the High Court with assessors; or
(c)
by a single Judge of the superior courts with or without assessors.
A full bench of the High Court shall consist of three Justices of the Superior courts.
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