Judicial Act

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A2304.02 | Omnibus Reconciliation of PM Appointed Cabinet Provisions Passed

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This omnibus bill proposed the following amendments to the Judicial Act. It was passed and adopted by the Assembly on 28th April 2023.

(Debate thread | Voting thread)

Judicial Act

1. The High Court

(4) …
(5) To appoint an Associate Justice, the Cabinet Prime Minister will consult with the High Court and present a willing and eligible individual to the Assembly for an approval vote.

(6) The Cabinet Prime Minister is compelled to appoint a fitting individual as per above with all deliberate speed if

1. there are fewer less than two Associate Justices on the High Court,
2. the Chief Justice position is vacant, and the Associate Justices cannot determine a new Chief Justice amongst themselves for any reason, or
3. a case cannot continue due to recusals.

2. Judicial Conduct and Requirements

(2) …
(3) The Chief Justice must fulfill the requirements to be an Associate Justice, and additionally may not serve as the Prime Minister or an appointed c senior or junior Cabinet minister, as Chair of Assembly or their deputy, or as Delegate.