Judicial Service Act

The Act may be cited as the Judicial Service Act.

Section 2 defines terms used in the Act (interpretation), listing defined terms such as “accounting officer”, “authorised officer”, “Cabinet Secretary”, “Chairperson”, “Chief Registrar”, “Commission”, “Committee”, “Council”, “effective date”, “Fund”, “judicial officer”, “judicial staff”, “judge”, “principal judge”, “Secretary”, and “superior courts”.

The organs of management of judicial services must uphold, sustain and facilitate a Judiciary that is independent and impartial and subject only to the Constitution and the law.

Section must have the technical, infrastructural and administrative competence to ensure that the requirements of the judicial process are fulfilled.

All Registrars appointed under subsection (2) must be responsible to the Chief Registrar in performing their duties.

If the Chief Registrar's office is temporarily vacant or the Chief Registrar cannot act, the Deputy Chief Registrar (or, if absent, a qualified officer under section 9) shall have and may exercise all the functions, duties and powers of the Chief Registrar, subject to conditions, exceptions or qualifications the Commission may direct in writing.

The Chief Registrar has the right to be informed in writing of the case for removal and to be given reasonable time to defend against the grounds for removal.

Sets out the roles and functions of the Chief Justice and Deputy Chief Justice, including leadership, assignment of duties, annual reporting and temporary acting arrangements.

Senior judges (the President of the Court of Appeal and the Principal Judge) must serve fixed non-renewable five-year terms and have administrative responsibilities to higher judicial officers, in consultation with the Chief Registrar.

Every Judge must have a legal researcher who is an advocate of the High Court with at least one year post-qualification experience.

The Chief Registrar must administer and manage the Judiciary and perform associated administrative and judicial functions, and has the powers necessary to execute those functions under the Constitution and this Act.

States qualifications for appointment as Chief Registrar and indicates becoming eligible for appointment as a Judge of the High Court.

The Commission has powers to acquire and dispose of property, borrow and lend money, enter into contracts and perform other acts necessary to carry out its functions; members must be guided by principles in the Constitution and this Act.

Subject to the Constitution or any other law, the Commission may hire experts or consultants and may delegate functions for day-to-day management of the judicial service to subcommittees or the secretariat.

Specifies how nominees for the Commission are submitted, considered, notified, and appointed: the President and nominating bodies must submit nominees, the National Assembly considers and notifies, and the President appoints or resubmits nominees within specified short timeframes.

When a nominating body must hold an election to pick a nominee, that election must be by secret ballot; the nominating body must ensure its nominees comply with the Constitution.

When a vacancy occurs in the Commission, the Commission must within seven days ask the relevant nominating body to send a new nominee, and that nominating body must submit the name within twenty-one days of the request.

Commissioners to relinquish certain offices

Section 19 lets the Commission decide its internal structure and staff categories from time to time, and does not prevent it from constituting Committees or Panels.

The Commission may appoint judicial officers and staff to assist it; public officers may be seconded to the Commission on the Commission's request; a public officer seconded is deemed an officer of the Commission and subject to its direction and control.

Section 21 sets out the functions of the Secretary, including accepting and custody of documents; enforcing Commission decisions; certifying orders, directions or decisions; keeping records and minutes; undertaking duties assigned by the Commission; plus delegation and authorization rules for procedural matters and in the Secretary's absence.

Sets meeting rules for the Commission: the Chairperson must convene meetings at least once every three months; seven clear days' notice must be given to members for meetings called by the Commission; the Chairperson may convene special meetings and must convene one within seven days of a written requisition signed by at least three members; quorum is six for the Commission and three for Committees; the Commission may invite persons to participate but invited persons have no power to vote.

The Commission must keep a record of the proceedings of every meeting of the Commission and its Committees.

The Commission sets the design of its seal; the Secretary must keep it; the Chairperson or a person authorised by the Commission must authenticate the affixing.

Judicial officers and Commission staff must retire at the mandatory retirement age; those to whom that rule applies may choose to retire at any time after age 55; the Commission may require retirement or resignation at any time under regulations.

The expenses of the Commission and the Judiciary incurred in carrying out their constitutional and Act functions are charged on and paid from the Consolidated Fund; they may also receive grants, gifts, donations or bequests, but must not accept any conditional grant, gift, donation or bequest that requires them to perform functions other than duties under this Act.

Section 27 has been repealed by ActNo. 16 of 2016, s. 15.

The Commission must open and maintain the bank accounts necessary for exercising its functions.

The Chief Registrar must prepare annual expenditure estimates at least three months before each financial year and present them to the Commission; the Commission must review the estimates, may alter them, and must forward them to the National Assembly for approval.

Establishes a selection panel (at least five members) to shortlist candidates; sets timed duties for the Secretary, President, National Assembly and Speaker in processing nominations, and requires reconstitution of the panel if nominations are repeatedly rejected.

The appointing authority must appoint the chairperson; members must elect a vice-chairperson; appointed/elected chair and vice-chair must be of opposite gender; the appointing authority may appoint counsel; and the tribunal may determine its own procedure subject to the Second Schedule.

The Commission must constitute a gender-representative Committee or Panel for appointment, discipline and removal of judicial officers and staff.

The Commission must provide secretariat services to the Committee or Panels constituted under this Part.

Establishes the National Council on the Administration of Justice and sets its composition, certain officer roles, secretariat arrangements, gender composition requirement, appointment source and terms for nominated members.

The Council must ensure coordinated, efficient, effective and consultative administration of justice, perform specific functions (policy formulation; implementing, monitoring, evaluating and reviewing strategies; facilitating county court user committees; mobilizing resources), liaise with relevant bodies, review committee reports, oversee other justice bodies, and has necessary powers to execute its functions.

The Council must meet at least once every three months and may regulate its own procedure (subject to this Part).

The Council must prepare and submit annual reports on its activities to the Cabinet Secretary for onward transmission to the National Assembly.

The Commission and the Judiciary must each prepare an annual report for each financial year; the Commission must submit its report to the President and Parliament within six months after the end of the year; the Commission and the Judiciary must include specified contents and publish and send copies to the Clerks of Parliament.

The Chief Registrar must keep proper books and records for the Commission and the Judiciary and must submit their accounts for each year to the Auditor-General within three months after the end of each financial year.

On first appointment, the Chairperson and members of the Commission, and the Chief Registrar and specified other judicial officers and staff, must make an oath or affirmation in the prescribed form.

The Commission may summon public officers or other persons to appear or produce documents, and those persons must cooperate with the Commission.

Members and staff of the Commission must not publish or disclose confidential documents, communications, or information learned in the course of their duties without written consent, except that this restriction does not prevent disclosure of criminal activity.

Members present at Commission or committee meetings must promptly declare any private-interest in matters under consideration and must not participate in discussion or voting on those matters unless the Commission or Committee directs otherwise; disclosures must be recorded in the minutes.

Certain persons associated with the Commission are exempt from liability for actions or omissions done in good faith, exempt from arrest while attending Commission meetings, and persons who appear before the Commission are protected from proceedings or penalties for evidence or information given.

Section 46 prohibits persons from wilfully giving false or misleading information to the Commission, disclosing confidential Commission materials without the Chairperson's written consent, improperly influencing Commission decisions, and disobeying Commission orders; subsection (2) permits supplying information when formally requested by the Commission.

The Commission has the power to make regulations to better carry out the Act's purposes and may cover topics listed in subsection (2).

Contracts made before this Act remain in force unless inconsistent; properties and rights relating to the Judiciary vest in the Judiciary or, where applicable, the Commission after commencement; until the first post-Constitution elections, references to Cabinet Secretary/Principal Secretary mean Minister/Permanent Secretary.