The constitution and laws of Belize
APPOINTMENT OF JUSTICES OF SUPREME COURT
97.- (1) The Chief Justice shall be appointed by the Governor General,
acting in accordance with the advice of the Prime Minister given after
consultation with the Leader of the Opposition.
(2) Justices of the Supreme Court other than the Chief Justice shall be
appointed by the Governor General, acting in accordance with the advice of the
Judicial and Legal Services, section of the Public Services Commission and with
the concurrence of the Prime Minister given after consultation with the Leader
of the Opposition.
(3) A person shall not be qualified to be appointed as a justice of the Supreme
Court unless-
a. he is qualified to practice as an attorney-at-law in a court in Belize or as
an advocate in a court in any other part of the Commonwealth having unlimited
jurisdiction either in civil or criminal causes or matters; and
b. he has been qualified for not less than five years so to practice in such a
court.
(4) If the office of Chief Justice is vacant or the Chief Justice is for any
reason including his absence form Belize unable to exercise the functions of
his office, then, until a person has been appointed to and has assumed the
functions of that office or until the person holding that office has resumed
those functions, as the case may be, they shall be exercised by the justice
other than Chief Justice, or if there be more than one then by such one of the
justices as may for the time being be designated in that behalf by the Governor
General, acting in the manner prescribed in subsection (1) of this section.
(5) If the office of any justice other than the Chief Justice is vacant or if
any such justice is appointed to act as Chief Justice or is for any reason
unable to perform the functions of this office or if the Chief Justice advises
the Governor General that the state of business in the Supreme Court so
requires, the governor General, acting in the manner prescribed in subsection
(2) of this section, may appoint a person who is qualified to be appointed as a
justice of the Supreme Court to act as a justice of that court:
Provided that a person may act as a justice notwithstanding that he has
attained the age of sixty two years.
(6) Any person appointed under subsection (5) of this section to act as a
justice shall, subject to the provisions of subsections (4) and (6) of section
98 of this Constitution, continue to act for the period of his appointment or,
if no such period is specified, until his appointment is revoked by the
Governor General:
Provided that, notwithstanding the expiration of the period of his appointment
or the revocation of his appointment, he may thereafter continue to act as a
justice for so long as may be necessary to enable him to deliver judgment or to
do any other thing in relation to proceedings that were commenced before him
previously thereto.
|