Constitution of the Kingdom of Swaziland, 2005
eSwatini
143. Oaths by Justices of the superior courts
A Judge of the Supreme Court or the High Court shall not enter upon the duties of office unless that Judge
has taken and subscribed the oath of allegiance and the oath for the due execution of office as set out in
the Second Schedule.
144. Appointment of assessors
(1)
A superior court may hear a case wholly or in part with the assistance of assessors.
(2)
A superior court may in any case in which it appears to that court to be expedient call in the aid of
one or more assessors with such qualifications as the court may deem appropriate.
Part 2(a) – The Supreme Court
145. Composition of the Supreme Court
(1)
There shall be a Supreme Court of Judicature for Swaziland consisting of the Chief Justice and not
less than four other Justices of the Supreme Court.
(2)
The Supreme Court shall be duly constituted for its ordinary work by not less than three Justices of
the Supreme Court.
(3)
A full bench of the Supreme Court shall consist of five Justices of that Court.
(4)
The Chief Justice shall preside at sittings of the Supreme Court, and when not sitting the most
senior of the Justices constituting the court shall preside.
146. Jurisdiction of Supreme Court (General)
(1)
The Supreme Court is the final Court of Appeal. Accordingly, the Supreme Court has appellate
jurisdiction and such other jurisdiction as may be conferred on it by this Constitution or any other
law.
(2)
Without derogating from the generality of the foregoing subsection, the Supreme Court has—
(a)
such jurisdiction to hear and determine appeals from the High Court of Swaziland and such
powers and authority as the Court of Appeal possesses at the date of commencement of this
Constitution; and
(b)
such additional jurisdiction to hear and determine appeals from the High Court of Swaziland
and such additional powers and authority, as may be prescribed by or under any law for the
time being in force in Swaziland.
(3)
Subject to the provisions of subsection (2), the Supreme Court has for all purposes of and incidental
to the hearing and determination of any appeal in its jurisdiction the power, authority and
jurisdiction vested in the court from which the appeal is brought.
(4)
A decision of the Supreme Court shall be enforced, as far as that may be effective, in like manner as
if it were a judgment of the court from which the appeal was brought.
(5)
While it is not bound to follow the decisions of other courts save its own, the Supreme Court may
depart from its own previous decision when it appears to it that the previous decision was wrong.
The decisions of the Supreme Court on questions of law are binding on other courts.
(6)
Subject to the provisions of this Constitution or as may be prescribed by any other law, an appeal
from the full bench of the High Court (or any other court) shall be heard and determined by a full
bench of the Supreme Court.
By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely.
54
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents