The St. Helena Constitution Order 1988

Exercise of jurisdiction of Supreme Court.

44.—(1) It shall be lawful for the Supreme Court to be held by and before–

(a) the Chief Justice;

(b) a person appointed under section 45(3) of this Constitution to act as Judge of the Supreme Court;

(c) a person empowered by, or appointed under, section 46 of this Constitution to hold the Court; or

(d) for the purposes mentioned in subsection (2) of this section, a person empowered by that subsection to continue to sit and hold the Court.

(2) Any person appointed to act as Judge of the Supreme Court under section 45(3) of this Constitution or empowered by or appointed under section 46 of this Constitution to hold the Court may, notwithstanding that his appointment has expired or been revoked or, as the case may be, that the circumstances in which he is empowered to hold the Court cease to obtain, continue to sit and hold the Court for the purposes of giving judgment or otherwise in relation to any proceeding commenced before him while his appointment was subsisting or, as the case may be, such circumstances obtained.

(3) Subject, in the case of a person appointed under section 46(2) of this Constitution, to any restriction contained in the instrument of appointment, a person by and before whom the Supreme Court may be held shall, in the exercise of the jurisdiction of the Supreme Court, have all the powers and authority of the Court and, save as provided in subsection (5) of this section, the jurisdiction, powers, authority, privileges and immunities conferred on the Chief Justice.

(4) Where, at any time, there are two or more persons by and before whom the Supreme Court may be held, sittings of the Court may be held simultaneously by each person.

(5) A person appointed under section 46(2) of this Constitution shall not exercise–

(a) any power to make rules of court;

(b) any other power which by any law he is specifically excluded from exercising.