Constitution of the Kingdom of Swaziland, 2005
eSwatini
(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.
140. Judicial power of Swaziland
(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 judgment, decree or order of those courts.
141. Independence of the Judiciary
(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.
142. Administrative functions of the Chief Justice
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.
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