Constitution of the Kingdom of Swaziland, 2005
(6)
eSwatini
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 Goverrnment
for the purpose of the discharge of its functions.
160. Functions of the Judicial Service Commission
(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);
(d)
receive and process recommendations and complaints concerning the judiciary;
(e)
advise the Goverrnment through the Minister responsible for Justice on improving the
administration of justice generally; and
(f)
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—
(i)
Registrar of the Supreme Court;
(ii)
Registrar of the High Court;
(iii)
Deputy Registrar of the Supreme Court;
(iv)
Deputy Registrar of the High Court;
(v)
Master of the High Court;
(vi)
Deputy Master of the High Court;
(vii)
Magistrate;
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