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(4)
The Commission shall enquire into the matter and recommend to the King whether
the Chief Justice or the Justice ought to be removed from office.
(5)
Notwithstanding any provision of this Constitution, the King shall in each case act on
the recommendation of the Commission.
(6)
Where the question of removal in terms of this section has been referred to the
Commission the King may suspend from office the Chief Justice or the other Justice as the
case may be for the duration of the inquiry.
(7)
Subject to considerations of fairness and natural justice, the Commission shall be
reconstituted for the purpose as may be appropriate, the Chief Justice being replaced by the
most senior Justice of the Supreme Court, and a Justice who is a member of the Commission
being replaced by another Justice appointed by the other members of the Commission.
(8)
An inquiry in terms of this section shall not take longer than three months.
(9)
The King may at any time revoke a suspension under this section.
(10)
In this section “ad hoc committee” means a committee made up of the Minister
responsible for Justice and Chairman of the Civil Service Commission and the President of
the Law Society of Swaziland.
Part 4
Judicial Service Commission
Judicial Service Commission
159.
(1)
There shall be an independent Judicial Service Commission for Swaziland,
hereinafter in this chapter referred to as “the Commission”.
(2)
The Commission shall consist of the following
(a)
the Chief Justice, who shall be the chairman;
(b)
two legal practitioners of not less than seven years practice and in good
professional standing to be appointed by the King;
(c)
the Chairman of the Civil Service Commission; and
(d)
two persons appointed by the King.
(3)
In the exercise of its functions under this Constitution, the Commission or member of
the Commission shall not be subject to the direction or control of any person or authority.
(4)
A Member appointed in terms of subsection (2) (b) or (d) shall hold office for a period
not exceeding four years and shall be eligible for re-appointment for a further one period.
(5)
A member appointed in terms of subsection (2) (b) or (d) (where a member appointed
under paragraph (d) does not hold the position of judge of a superior court) shall be removed
from office by the King where the question of removal has been referred to a tribunal
appointed in terms of subsection (6) and the tribunal has recommended that the member be
removed from office
(a)
for inability to exercise the functions of office (by reason of infirmity of body or
mind or any other cause); or
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