Swaziland Court of Appeal Order 1966
| Jurisdiction | UK Non-devolved |
| Citation | SI 1966/1180 |
| Year | 1966 |
1966 No. 1180
AFRICA
The Swaziland Court of Appeal Order 196620thSeptember 1966
26thSeptember 1966
4thOctober 1966
At the Court at Balmoral, the 20th day of September 1966
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
Citation, revocation and commencement.
1.—(1) This Order may be cited as the Swaziland Court of Appeal Order 1966.
(2) The Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal Order in Council 1954(b), as amended from time to time(c), in so far as it relates to Swaziland, and section 96 of the Swaziland Order in Council 1963(d) are revoked.
(3) This Order shall come into operation on 4th October 1966.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"appeal" includes a case stated or a point of law reserved;
"the Court" means the Court constituted by this Order;
"the existing Court" means the Court of Appeal established by the Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal Order in Council 1954;
"the Commissioner" means any person who is for the time being Her Majesty's Commissioner for Swaziland.
(2) In this Order, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office.
(3) The Interpretation Act 1889(e) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament.
(a) 1890 c, 37.
(b) S.I. 1954/1369 (1954 I, p. 167).
(c) The amending Orders are S.I. 1964/1187; 1965/133, 978 (1964 II, p. 2759; 1965 I, pp. 274,2414).
(d) S.I. 1963/2094 (1963 III, p. 4616).
(e) 1889 c. 63.
Constitution of Court.
3.—(1) There shall be a Court of Appeal for Swaziland, styled the Swaziland Court of Appeal, which shall be a superior court of record.
(2) The judges of the Court shall be a President and not less than two or more than four Justices of Appeal.
(3) (a) The President and the Justices of Appeal shall be appointed by the Commissioner, in accordance with instructions given by Her Majesty through a Secretary of State, and shall hold office on such terms and conditions as the Commissioner shall, in accordance with such instructions, prescribe;
(b) a person shall not be qualified for appointment as the President or a Justice of Appeal unless he is or has been a judge of a court of unlimited jurisdiction in civil or criminal matters in a territory which has been designated in that behalf by the Commissioner in accordance with instructions given by Her Majesty through a Secretary of State or a court having jurisdiction in appeals from any such court.
(4) If at any time the office of President is vacant or the President is for any reason unable to exercise the functions of his office they shall be exercised by such one of the...
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