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JUDICIAL SERVICE COMMISSION


* Establishment and constitution
* Powers and functions
* Secretary
* Judicial Officers 
* Scheduled Public Officers
  

 

Establishment, Constitution, Appointment and Removal

Article 111D of the Constitution incorporated by the 17th Amendment which came into operation on October 3rd, 2001 provides for the establishment of the Judicial Service Commission (JSC) consisting of the Chief Justice (as Chairman) and two other Judges of the Supreme Court appointed by the President.

In terms of Article 41C of the Constitution (incorporated by the 17th Amendment) no appointment may be made by the President unless such appointment has been approved by the Constitutional Council upon a recommendation made to the Council by the President.  This requirement will not apply if the appointment is for a period less than fourteen days.

Appointments are for a period of three years.

Article 111E (6) of the Constitution - Removal of any  member is by the President, on the recommendation of the Constitutional Council, for cause assigned.

 

Powers and functions

Article 111H of the Constitution – The JSC is vested with the power to –

  • Transfer Judges of the High Court
  • Appoint, promote, transfer, exercise disciplinary control and dismiss judicial officers and scheduled public officers ;
  • Make rules regarding training of Judges of the High Court, the schemes for recruitment and training, appointment, promotion and transfer of judicial officers and scheduled public officers ;
  • Make provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the Commission ;


 

Secretary

Article 111G of the Constitution (incorporated by the 17th Amendment) – The Secretary to the Commission is appointed by the Commission from among senior judicial officers of the Courts of First Instance.

 

Judicial Officers

Article 111M (incorporated by the 17th Amendment) – A judicial officer is defined to mean –

                Any person who holds office as –

a)   a Judge ;

b)  presiding officer  or member of any Court of First Instance, tribunal or other institution created and established for the administration of justice or for the adjudication of any labour or other dispute.

 

But does not include the following –

a)   a Judge of the Supreme Court, the Court of Appeal or of the High Court ;

b)   a person who performs arbitral functions, or a public officer whose principal duty is NOT the performance of functions of a judicial nature.

 

Scheduled Public Officers

Article 111M of the Constitution (incorporated by the 17th Amendment)  - A Scheduled Public Officer is defined to mean the following –

  • Registrar of the Supreme Court;
  • Registrar of the Court of Appeal ;
  • Registrar, Deputy Registrar or Assistant Registrar of the High Court or any Court of First Instance;
  • The Fiscal ;
  • Deputy Fiscal of the Court of Appeal, the High Court and any court of First Instance ;
  • Any Public officer employed in the Registry of the Supreme Court, the Court of Appeal, the High Court or any Court of First Instance  -
    • included in a category specified in the Fifth schedule to the Constitution ; or
    • included in any other category specified by Order made by the Minister (of Justice), approved by Parliament and published in the Gazette.

Article 111M(b) - The JSC is vested with sole authority to determine the question whether or not a person is a judicial officer within the meaning of the Constitution. No court or tribunal or institution has the jurisdiction to entertain or to determine such a question.

Fifth schedule to the Constitution – Clerks, Deputy Fiscals, Interpreters, Stenographers, Typists, Binders.

Other categories included by Order made by the Minister – Family Counsellors (included by Order approved by Parliament on     and published in Gazette No. )

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