The National Judicial Service
Commission Act, 2005
Be it herby
passed, by the National Assembly , and signed, by the President of the
Republic, in accordance with the provisions of the interim Constitution of the
Republic of the Sudan, 2005, the following Act:-
Title and commencement
1-
This Act may be cited as the, " National Judicial Service Commission Act, 2005 "
and shall come into force, as from the date of signature.
Repeal and saving
2-
Chapter II, of the Judiciary Act, 1986 shall be repealed.
Nevertheless there shall remain valid all the measures, made there under, until
revoked, or amended.
Interpretation
3-
In this Act, unless the context other
wise requires:-
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" Act ",
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means the Judiciary Act,
1986,
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" Chief Justice ",
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means the Chief Justice of
the Republic of the Sudan,
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" Commission ",
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means the
National Judicial Service Commission, established under the Provisions of
section 4.
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Establishment and constitution of the
Commission
4-
The President of the Republic, after
consultation with the Presidency, shall establish a commission, to be known as
the, " National Judicial Service Commission " and constituted as follows:-
(a) the Chief Justice, chairman;
(b)
President of the Supreme Court of Southern Sudan, members;
(c) deputies of the Chief Justice, members;
(d) the National Minister of Justice, member;
(e)
the Minister of Finance and National Economy, member;
(f)
the person
responsible for the legal affairs, of the Government of Southern Sudan,
members;
(g)
Chairman of the legal Committee, at the National Assembly, member;
(h)
Chairman of the Legal
Committee, at the Council of States, member;
(i) Chairman of the Legal
Committee, at the Assembly of the Southern Sudan, member;
(j) Dean of the Faculty of law, at the University of Khartoum , member;
(k)
two representatives of the Bar Association, one of
them shall be from Southern Sudan, members;
(I)
Three members, from those possessed of experience and
competence, to be appointed by the President of the Republic.
Tasks and functions of the Commission
5- (1)The Commission shall undertake the overall
management of the National Judiciary. It may exercise the following functions,
to:-
(a) approve the general policy of
the Judiciary;
(b) approve the budget of the
National Judiciary;
(c) recommend appointment of
Justices of the Constitutional Court;
(d) recommend, to the President
of the Republic, to appoint the Chief Justice, and deputies thereof;
(e) recommend, to the President
of the Republic, to appoint Justices of the National Supreme Court, and all
judges of the Sudan;
(f) approve the recommendation of the Chief Justice, to remove
justices and judges, in accordance with the law:
(g) recommend promotion of
Justices and Judges, in accordance with the law.
(2)
The Commission shall
organize the relation, between the National Judiciary, and the Judiciary of
Southern Sudan, and the Judiciary in the states; provided that the same shall,
with respect to the Southern Sudan, be made in consultation with
the President of the Supreme Court of Southern Sudan.
(3)
The Commission shall exercise any other tasks, or functions, as the law may
delegate thereto.
Powers of the Commission
6-
The Commission, for the sake of
exercising the tasks and functions thereof, shall have the following powers,
to:-
(a)
call whoever it may seek the help thereof, in the
matters submitted thereto;
(b)
require such data and papers, as may be necessary for
the exercise of the functions thereof, from government bodies, and otherwise;
(c)
authorize the Chief Justice, to exercise any of the
tasks and functions thereof, provided for in the Act; otherwise than cases of
appointment, promotions and removal;
(d)
make such regulations, as may be necessary for
organization of the business and meetings thereof .
Meetings and decisions of the
Commission
7-(1)The Commission shall hold a
periodical meeting every four months. It may hold an emergent meeting, on call
of the Chairman thereof, or one-third of its members, where necessity requires
the same.
(2) The quorum, for meetings of the Commission, shall be constituted by the attendance of more than half the
members thereof.
(3) All deliberations of the Commission shall be secret.
(4) The Commission shall pass its resolutions and
recommendations, by the majority of opinions of the present member. Upon
equality of votes, the Chairman shall have a casting vote.
(5) In such cases, as in which the Chief Justice may be
absent, from the meetings of the Commission, chairmanship
shall be assumed by the most senior of deputies of the Chief Justice.
Budget of the Commission
8-The Commission shall have an independent budget, to be
approved by a decision of the President of the Republic, upon recommendation of
the Commission.
Secretariate general of
the Commission
9- (1) The Commission shall have a Secretariate
General, under the presidency of a Secretary General, to be appointed
by the Commission, from among Justice of the Supreme Court.
(2) The regulations, made by the Commission, shall specify
formation of the Secretariate General and the
functions thereof.
Interim provision
10- Notwithstanding the provisions of section 2, and
pending constitution of the Commission, in a accordance with the provisions of section 4, the
High Judiciary Council, established under the (repealed) Chapter II, of the
Judiciary Act 1986, shall exercise the tasks and functions of the Commission.
