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JUDICIAL SERVICE ACT.

ARRANGEMENT OF SECTIONS

   Section

   1.   Interpretation.

   2.   Appointment of the commissioners.

   3.   Commissioners to relinquish particular offices.

   4.   Chairperson of the commission.

   5.   Functions of the commission.

   6.   Secretary to the commission.

   7.   Other staff of the commission.

   8.   Oaths of the commissioners, the secretary and others.

   9.   Meetings and decisions of the commission.

   10.   Decision by circulation of papers.

   11.   Rules of natural justice.

   12.   Bias.

   13.   Expenses of the commission.

   14.   Immunity of members and staff of the commission.

   15.   Seal of the commission.

   16.   Privileges for communication.

   17.   Enforcement of attendance, etc.

   18.   Failure to appear or produce documents.

   19.   Attendance allowance.

   20.   Immunities and privileges of witnesses.

   21.   Improper influence and false information.

   22.   Improper disclosure.

   23.   Consent to prosecution.

   24.   Legal proceedings.

   25.   Prescription of number of registrars under article 145 of the Constitution.

   26.   Commission to designate other judicial officers.

   27.   Regulations.

   28.   Amendment of the First Schedule.

 

      First Schedule   Currency point.

      Second Schedule   Oaths.

 

CHAPTER 14
JUDICIAL SERVICE ACT.

Commencement: 2 May, 1997.

   An Act to regulate and facilitate the discharge by the President and the Judicial Service Commission of their functions under Chapter Eight of the Constitution pursuant to article 150(2) of the Constitution and for other matters related to the judiciary.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "chairperson" means the chairperson of the commission;

   (b)   "commission" means the Judicial Service Commission established by article 146 of the Constitution;

   (c)   "commissioner" means a member of the commission;

   (d)   "currency point" means the value specified in relation to a currency point in the First Schedule to this Act;

   (e)   "judicial officer" has the meaning assigned to it in article 151 of the Constitution;

   (f)   "Minister" means the Minister responsible for justice;

   (g)   "Public  Service  Commission" means the Public Service Commission established by article 165 of the Constitution;

   (h)    "secretary" means the secretary to the commission appointed under article 146(8) of the Constitution.

 

2.   Appointment of the commissioners.

   (1) The chairperson and other members of the Judicial Service Commission shall be appointed by the President with the approval of Parliament.

   (2) The Attorney General shall be an ex officio member of the commission.

 

3.   Commissioners to relinquish particular offices.

   (1) A person holding any of the following offices shall relinquish that office on appointment as a member of the commission—

   (a)   a member of Parliament;

   (b)   a member of a local government council; or

   (c)   a member of the executive of a political party or political organisation.

   (2) Subject to subsection (1), after the appointment of a person as commissioner, the offices specified in that subsection shall, for the purposes of article 146(7)(b) of the Constitution, be taken to be offices likely to compromise the independence of the commission.

 

4.   Chairperson of the commission.

   The chairperson shall be the head of the commission and shall be responsible for the administration of the commission and shall monitor and supervise the work of the secretary.

 

5.   Functions of the commission.

   Subject to the provisions of the Constitution, the commission shall have the functions specified in articles 147 and 148 of the Constitution.

 

6.   Secretary to the commission.

   (1) There shall be a secretary to the commission who shall be appointed by the

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