Constitution of the Kingdom of Swaziland, 2005 eSwatini 152. Review and supervisory powers of High Court The High Court shall have and exercise review and supervisory jurisdiction over all subordinate courts and tribunals or any lower adjudicating authority, and may, in exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its review or supervisory powers. Part 3 – Appointment, removal, etc., of Superior Court Justices 153. Appointment of Justices of the superior courts (1) The Chief Justice and the other Justices of the superior courts shall be appointed by the King on the advice of the Judicial Service Commission. (2) Where the office of the Chief Justice is vacant, or where the Chief Justice is for any reason unable to perform the functions of office— (a) until a person has been appointed to, and has assumed the functions of, that office; or (b) until the person holding the office of Chief Justice has resumed the functions of that office, as the case may be, those functions shall be performed by the most senior of the Justices of the Supreme Court. (3) Where it appears to the Chief Justice that for a short duration the prescribed complement of the Supreme Court or High Court, as the case may be, is for any reason unlikely to be realised or where the exigencies of the situation so require, the Chief Justice shall advise the King to appoint a qualified person to act in that Court for that duration. (4) Whether in respect of the office of the Chief Justice or office of any Justice of the superior courts, an acting appointment shall not exceed a single renewable period of three months. (5) Notwithstanding the provisions of subsections (3) and (4), the Chief Justice after consultations with the Judicial Service Commission may make an acting appointment where the duration does not exceed one month, unrenewable. (6) A person whose appointment to act as a Justice of a superior court has expired may, with the consent of the King acting on the advice of the Chief Justice or the Chief Justice after consultation with the Judicial Service Commission, continue to act for such a period not exceeding three months as may be necessary to enable that person to deliver judgment or to do any other thing in relation to proceedings that were commenced before that person previously to the expiry of the acting appointment. 154. Qualification for appointment to the superior courts (1) A person shall not be appointed as a Justice of a superior court unless that person is a person of high moral character and integrity and in the case of an appointment to— (a) the Supreme Court, (i) that person is or has been a legal practitioner, barrister or advocate of not less than fifteen years’ practice in Swaziland or any part of the Commonwealth or the Republic of Ireland; or, (ii) that person is, or has served as, a Judge of the High Court of Swaziland or Judge of a superior court of unlimited jurisdiction in civil and criminal matters in any part of the Commonwealth or the Republic of Ireland for a period of not less than seven years; or (iii) that person is, or has served as, such legal practitioner, barrister or advocate as mentioned in paragraph (a)(i), and as such Judge as mentioned in paragraph (a)(ii) for a combined period of that practice and service of not less than fifteen years; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 57

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