CHAPTER 6:01

JUDICIAL AND LEGAL SERVICE ACT

An Act to make provision for the establishment, classification, remuneration and entitlement of officers of a Judicial and Legal Service; and for other matters concerning the relationship between the Government and the Judicial and Legal Service.

 [24th May 1977]

        1. This Act may be cited as the Judicial and Legal Service Act.

PART I

PRELIMINARY

        2. In this Act—

“allowance” means compensation payable—

                    (a) in respect of a grade or in respect of some offices in a grade, by reason of duties of a special nature;

                    (b) for the duties that an officer is required to perform in addition to the duties of his grade where those duties relate to an office in the same grade or a higher grade;

“Chief Legal Officer” means the Director of Public Prosecutions, the Solicitor General or the Chief Parliamentary Counsel;

“classification” means the assignment of an office to a grade;

“Commission” means the Judicial and Legal Service Commission established under section 110 of the Constitution;

“judicial office” means a public office set out in the Second Schedule;

“judicial officer” means the holder of a judicial office or a person who is appointed to act in such an office;

“Judicial and Legal Service” or “the Service” means the Judicial and Legal Service established under section 3;

“legal office” means a public office set out in the First Schedule;

“legal officer” means the holder of a legal office or a person who is appointed to act in such an office;

“office” means an office in the Judicial and Legal Service;

“officer” means a judicial officer or a legal officer;

“public office” and “public service” have the meaning assigned by section 3 of the Constitution;

“remuneration” means pay and allowances;

“Remuneration Order” means an order made under section 6(1)(a) or (b)­.

PART II

ESTABLISHMENT AND STRUCTURE OF THE JUDICIAL AND LEGAL SERVICE AND PRACTICE BY LEGAL OFFICERS

        3.  (1) There is hereby established a Judicial and Legal Service.

             *(2)    The public offices in the public service set out in the First and Second Schedules shall be deemed to constitute the Judicial and Legal Service.

             (3) Section 111 of the Constitution applies to the judicial offices and the legal offices.

             (4) Section 141 of the Constitution applies to the holders of the judicial offices and legal offices.

             (5)  An officer who immediately before the commencement of this Act held or was acting in a public office set out in the First or Second Schedule shall, as from the commencement of this Act, continue to hold or act in the like office in the Judicial and Legal Service and with the same remuneration and conditions of service as obtained immediately prior to the commencement of this Act, until other provisions are made under this Act.

        4.  (1)  Subject to section 3 and to the Constitution, the
President may by Order prescribe the classification or title of an office set out in the First or Second Schedule.

             (2) The classification and title of an office referred to in subsection (1) shall be observed in all records and communications of the Commission, the Auditor General, the Treasury and in all departmental estimates and Parliamentary returns and appropriations.

        5. (Repealed by Act No. 21 of 1986).

PART III

TERMS AND CONDITIONS OF SERVICE

        6.  (1)  Subject to section 3 and to the Constitution, the Presi­dent may by Order prescribe—

                    (a) the pay in respect of an office;

                    (b)  allowances and benefits that attach to an office and that any such allowance or benefit is exempt from income tax or any other tax;

                     (c)  the other terms and conditions of service of an officer.

             (2) The salaries and allowances payable to officers are a charge on the Consolidated Fund.

        7.  Except where the contrary is otherwise provided in a Remuneration Order, increase of pay that may be granted in respect of an office in a grade in accordance with the Remunera­tion Order shall be annual; so, however, that no increase of pay shall be made in respect of an office in a grade in which the officer performing the duties of such office has not completed a period of twelve months continuous duty in such office.

        8. An officer shall hold office subject to the provisions of the Constitution, of this Act and the Regulations and of any other written law and, unless some other period of employment is specified, for an indeterminate period.

     8A.  Notwithstanding any other written law, any of the judicial officers referred to in Part I of the Second Schedule may with the permission of the Commission and in the interest of the Service continue to serve as such for a period of not more than three years after he has reached the prescribed age of retirement.

        9.  (1) An officer is disqualified for membership of the House of Representatives and the Senate, and of a Municipality and a Council.

             (2) An officer may not be a scrutineer under the Represen­tation of the People Act or an election agent or an assistant to an election agent of a Parliamentary, Municipal or Council candidate.

     10.  (1)  Every officer who is appointed to, or to act in, an office after the commencement of this Act shall take and subscribe the oath or affirmation of allegiance and of office set out in Part I of the Fourth Schedule.

             (2) A legal officer and the secretary to the holder of an office specified in the Fifth Schedule shall take and subscribe the oath or affirmation of office and secrecy set out in Part II of the Fourth Schedule.

             (3) The President may by Order add to, vary or amend the offices specified in the Fifth Schedule.

     11.  (1)  The modes by which the appointment of an officer may terminate are as follows:

                    (a)  on dismissal or removal in consequence of discipli­nary proceedings;

                    (b)  on compulsory retirement;

                     (c)  on voluntary retirement;

                    (d)  on retirement for medical reasons;

                     (e)  on resignation;

                     (f)  on the expiry of an appointment for a specified period;

                    (g) on the abolition of office;

                    (h)  in the case of an officer on probation, on the termi­nation of appointment;

                     (i)  in the public interest;

                     (j)  in the case of a female officer on grounds of mar­riage.

             (2) An officer who intends to resign his office shall give such period of notice as may be prescribed.

PART IV

ADMINISTRATION

      12.  (1) The Ministry of Legal Affairs shall comprise the Departments of Civil Law, of Criminal Law, of Legislative Drafting and of Accounting which shall be headed respectively by the Solicitor General, the Director of Public Prosecutions, the Chief Parliamentary Counsel and a public officer to be designated Per­manent Secretary in the Ministry.

             (2) The Civil Law Department shall include the Departments of the Chief State Solicitor and of the Registrar General.

             (3) For the purposes of section 85 of the Constitution a Chief Legal Officer is a Permanent Secretary.

             (4) The Permanent Secretary in the Ministry shall be the Accounting Officer of the Ministry for the purpose of the Exche­quer and Audit Act and shall exercise such supervision in respect of such other matters as may be directed by the Minister under section 85 of the Constitution.

             (5) In this section “Minister” means the member of the Cabinet responsible for the administration of legal affairs.

      13.  Subject to sections 76(2) and 90 of the Constitution, the Permanent Secretary of the Ministry or department concerned may exercise control and supervise the legal officers set out in Part V of the First Schedule that are assigned to that Ministry or department.

      14.  Subject to the Constitution and to any written law, the Chairman of the Law Commission may exercise control and supervision over the legal and other public officers assigned to the Law Commission.

      15.  (1) Subject to the Constitution and to any written law, con­trol and supervision may be exercised over—

                    (a)  the Masters of the High Court, the Chief Magistrate and the Registrar and Marshal, by the Chief Justice;

                    (b)  other judicial officers mentioned—

                              (i)   in Part I, by the Chief Magistrate under the direction of the Chief Justice;

                             (ii)   in Part II, by the Registrar and Marshal under the direction of the Chief Justice;

                            (iii)   in Part III, by the Chief Justice;

                            (iv)   in Part IV, by the Chairman of the Appeal Board;

                             (v)   in Part V, by the President of the Industrial Court.

             (1A)   The Chief Justice may by Order delegate to the Chief Magistrate any administrative function relating to Magistrates or Magistrates’ Courts vested in him by law, and any such delegation shall have effect as if it were a delegation under section 52 of the Interpretation Act.

             (2) In this section “Part” means a Part of the Second Schedule.

PART V

GENERAL

      16. Subject to section 3 and to the Constitution, the President may make Regulations prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and in particular for the following:

                    (a) prescribing the probationary period on first appointment of an officer and for the reduction of such period in appropriate cases;

                    (b) prescribing conditions for the termination of the first appointment of an officer on probation;

                     (c) prescribing the procedure for the recovery of any penalties from an officer;

                    (d) regulating the hours of attendance of officers and keeping and signing of records of attendance or for prescribing other methods of recording attendance;

                     (e) adding an office to, or deleting an office from, the First, Second or Third Schedule;

                     (f) regulating the duties and the conduct of officers;

                    (g) regulating the granting of leave to officers;

                    (h) prescribing any administrative functions of a Chief Legal Officer and of the Permanent Secretary;

                     (i) prescribing arrangements and procedures for provid­ing, assisting in or co-ordinating staff development programmes.

      17. Except as otherwise provided in this Act, the Civil Service Act, and any Orders or Regulations made thereunder shall not apply to the Judicial and Legal Service or to an officer.