CHAPTER 237
JUDICIAL SERVICE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE JUDICIAL SERVICE COMMISSION

   3.   Appointed member of the Commission.

   4.   Staff.

   5.   Oaths.

   6.   Vacancy in membership.

   7.   Procedure.

   8.   Protection of members.

   9.   Communications of Commission to be privileged.

   10.   Offence to influence or attempt to influence Commission.

   11.   Offence of false information to the Commission.

   12.   Interpretation of "Commission" in sections 10 and 11.

   13.   Unauthorised disclosure of information prohibited.

   14.   Prosecutions.

PART III
PROVISIONS RELATING TO THE FUNCTIONS OF THE PRESIDENT

   15.   Delegation of functions.

   16.   Advice.

   17.   Regulations.

PART IV
PROVISIONS RELATING TO THE FUNCTIONS OF THE COMMISSION

   18.   Delegation of functions.

   19.   Powers of dismissal and removal.

   20.   Appeals.

   21.   Regulations.

PART V
SPECIAL PROVISIONS RELATING TO MAGISTRATES

   22.   Interpretation.

   23.   Establishment of Special Commission and Boards.

   24.   Appointment and removal, etc., of primary court magistrate.

PART VI
PROVISIONS RELATING TO RETIRING BENEFITS

   25.   Protection of pension rights.

   26.   Power of Commission in relation to pensions, etc.

   27.   Meaning of "public officer".

PART VII
ADMINISTRATION OF THE JUDICIAL SERVICE AND GENERAL PROVISIONS

   28.   Administration.

   29.   Regulations.

   30.   Legal proceedings.

   31.   Regulations.

   32.   Transitional provisions.

SCHEDULES

CHAPTER 237
THE JUDICIAL SERVICE ACT

An Act to make provision relating to the Judicial Service and for related matters.

[9th December, 1962]
[s. 1]

C. A. Act No. 10 of 1962
Acts Nos.
55 of 1963
67 of 1964
26 of 1971
5 of 1974
15 of 1980
12 of 1990
19 of 1992
18 of 1995
29 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Judicial Service Act.

2.   Interpretation Act No. 18 of 1995 Sch.">

   (1) In this Act, unless the context otherwise requires–

   "civil servant" has the meaning ascribed to that expression in the Public Service Act *.

   "Code of Judicial Conduct" means the Code of judicial ethics established from time to time for judicial officers;

   "Commission" means the Judicial Service Commission established by the Constitution of the United Republic *;

   "delegate" means the Commission or a District or a Regional Judicial Board established under subsection (2) and (3), respectively, of section 23 of this Act, and includes a person deputed by such delegate in accordance with the provisions of section 15 to exercise functions delegated to it or by him by the President;

   "judicial office" means an office specified in subarticle (2) of Article 113 of the Constitution of the United Republic and an office declared by Parliament to be an office to which that article applies and, for the avoidance of doubt, it is hereby declared that it includes any such office aforesaid notwithstanding that an Act of Parliament makes provision relating thereto inconsistent with the provisions of paragraph (a) or (b) of subarticle (1) of the said Article 113; and "judicial officer" means a person who holds or acts in any such office;

   "Minister" means the Minister for the time being responsible for legal affairs.

   (2) The Vice-President may exercise on behalf of the President any of the functions conferred on the President by Article 113 of the Constitution of the United Republic *, and any function of establishing or abolishing judicial officers, and any reference to the President in section 9, subsection (4) of section 15, section 16 or section 30 of this Act shall be read and construed as including a reference to the Vice-President.

PART II
THE JUDICIAL SERVICE COMMISSION (ss 3-14)

3.   Appointed member of the Commission

   The provisions of subsections (3) to (6) (inclusive) of section 4 of the Public Service Act *, shall apply mutatis mutandis in relation to a person appointed a member of the Commission under paragraph (c) of subarticle (1) of Article 112 of the Constitution of the United Republic:

   Provided that this section shall not apply where the President appoints the Chairman or a member of the Public Service Commission by office as a member under that paragraph.

4.   Staff

   (1) There shall be such offices on the staff of the Commission as the Commission shall, with the approval of the President, establish.

   (2) The offices on the staff of the Commission shall be Public Service offices.

5.   Oaths

   (1) The members of the Commission shall, on first appointment, take an oath in the form set out in the First Schedule to this Act.

   (2) The Chairman of the Commission may require any member of the staff of the Commission to take, on first appointment, an oath in the form set out in the Second Schedule to this Act.

   (3) Where any person required to take an oath under this section has no religious belief or the taking of an oath is contrary to his religious belief, he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "So help me God".

   (4) Every oath or affirmation taken by a member of the Commission shall be administered by a judge of the High Court, and every oath or affirmation taken by a member of the staff of the Commission shall be administered by the Chairman of the Commission.

6.   Vacancy in membership

   Subject to its rules of procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member:

   Provided that any decision of the Commission shall require the concurrence of a majority of all the members thereof.

7.   Procedure

   Subject to the provisions of this Act and, in relation to any function of the President, to any regulations made by the President, the Commission may regulate its own procedure.

8.   Protection of members

   Every member of the Commission shall have such and the like protection and privilege in case of any action or suit brought against him for any act done or omitted to be done in the bona fide execution of his duties as is by law given to the acts done or words spoken by a judge of the High Court in the exercise of his judicial office.

9.   Communications of Commission to be privileged

   No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between the Commission, or any member or officer thereof, and the President or a delegate, or the Public Service Commission or Police Force and Prisons Service Commission or any member of either such Commission, or any person holding office in the service of the Republic, or between any member or officer of the Commission and the Chairman thereof, or between any members or officers of the Commission, in exercise of, or in connection with the exercise of, the functions of the Commission, unless the Chairman of the Commission consents in writing to such production or disclosure.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.