Constitution of the Kingdom of Swaziland, 2005 eSwatini (4) The Chief Justice shall always preside whenever sitting as a Justice of the High Court. (5) The Chief Justice shall designate in writing the most senior Justice of the High Court to be Principal Judge of the High Court to preside and exercise such functions as may be stated in the designation. (6) There shall be such divisions of the High Court consisting of such number of Justices respectively as the Chief Justice may determine after consultation with the Minister responsible for Justice and the President of the Swaziland Law Society. 151. Jurisdiction of the High Court (1) (2) (3) The High Court has— (a) unlimited original jurisdiction in civil and criminal matters as the High Court possesses at the date of commencement of this Constitution; (b) such appellate jurisdiction as may be prescribed by or under this Constitution or any law for the time being in force in Swaziland; (c) such revisional jurisdiction as the High Court possesses at the date of commencement of this Constitution; and (d) such additional revisional jurisdiction as may be prescribed by or under any law for the time being in force in Swaziland. Without derogating from the generality of subsection (1) the High Court has jurisdiction— (a) to enforce the fundamental human rights and freedoms guaranteed by this Constitution; and (b) to hear and determine any matter of a constitutional nature. Notwithstanding the provisions of subsection (1), the High Court— (a) has no original or appellate jurisdiction in any matter in which the Industrial Court has exclusive jurisdiction; (b) has no original but has review and appellate jurisdiction in matters in which a Swazi Court or Court Martial has jurisdiction under any law for the time being in force. (4) The High Court has no power, in a trial for the offence of treason, to convict any person for an offence other than treason. (5) A Justice of the High Court may, in accordance with rules of court, exercise in court or in chambers all or any of the jurisdiction vested in the High Court by this Constitution or any other law. (6) For the purposes of hearing and determining an appeal within its jurisdiction and the enforcement of a judgment or order made on any appeal, the High Court shall have all the powers, authority and jurisdiction vested in the court or tribunal from which the appeal is brought. (7) In this section any reference to “revisional jurisdiction” shall be construed as including a reference to jurisdiction to determine reserved questions of law and cases stated. (8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of Ndlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and custom.. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 56

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