Times Of Swaziland: NO MORE HAND-PICKED JUDGES! NO MORE HAND-PICKED JUDGES! ================================================================================ BY MFANUKHONA NKAMBULE on 08/02/2015 10:57:00 MBABANE – The current system of appointing judges will be phased out, according to the Strategic Plan of the Ministry of Justice and Constitutional Affairs. Judges will soon be selected and promoted on the basis of a 10-point system. For instance, the judge shall be examined on the basis of a point system that takes into account his or her qualification, efficiency, quality of judgments, ability and integrity. Constitutionally, the Chief Justice and the other Justices of the superior courts (High Court and Supreme Court) are appointed by the King on the advice of the Judicial Service Commission. Currently, a person is not to be appointed as a justice of a superior court unless he or she is of high moral character and integrity. In the case of an appointment to the Supreme Court, this person must have been a legal practitioner, barrister or advocate of not less than 15 years practice. A judge of the High Court should be a person who has been a legal practitioner, barrister or advocate of not less than 10 years practice in Swaziland or any part of the Commonwealth or the Republic of Ireland. He must have served as a judge of a superior court of unlimited jurisdiction in civil and criminal matters in any part of the Commonwealth or the Republic of Ireland for a period of not less than five years. Another qualification for a judge of the High Court is that the candidate, in terms of the constitution, must have served as such legal practitioner, barrister or advocate for a combined period of such practice and service of not less than 10 years. Appointments of judges are, therefore, based on the qualifications provided in the Constitution. They are identified by the Judicial Service Commission (JSC) which then interview them internally and then make recommendations for the appointment to His Majesty the King. Meanwhile, it is stated in the strategic plan approved by Cabinet that seniority should not be a governing principle for determination of promotion of judges. Out of the maximum of 10 points, the honourable judge would have to strive to get two points allocated to qualification, three to efficiency, three for quality judgments and two for integrity. The grading of the judges and other officers will have to be explained in writing. This is meant to ensure that an objective criterion is in place to facilitate the selection and promotion of judges. It is stated in the strategic plan that the JSC must be independent because it is a body overseeing appointments to key functions in the justice sector and administering the Judiciary.