The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

Tenure of office of judges and judicial officers

91.—(1) The Chief Justice and any other judge of the Supreme Court shall be appointed for a term ending when the appointee attains the age of 70 or such later age as may be agreed at the time of appointment between that judge and the Governor, acting with the approval of a Secretary of State.

(2) The President of the Court of Appeal and the Justices of Appeal shall be appointed for a term ending when the appointee attains the age of 70 or such later age as may be agreed at the time of appointment between that judge and the Governor, acting with the approval of a Secretary of State.

(3) An acting judge of the Supreme Court shall be appointed either—

(a) for a term specified in the instrument of appointment; or

(b) if the appointee is acting in the place of a Chief Justice or other judge whose office is vacant, or who has not assumed, or is for any reason unable to perform the functions of, that office, for a term expiring on the assumption or resumption by the Chief Justice or other judge of the functions of the office.

(4) An Acting Justice of Appeal shall be appointed for a term expiring when the vacant office of Justice of Appeal has been filled, when a Justice of Appeal is no longer discharging the functions of President, or when a Justice of Appeal is again able to perform the functions of the office, as the case may be.

(5) A judge or judicial officer may, when his or her appointment expires, continue so to act for the purposes of giving judgment or otherwise in relation to any proceeding commenced before him or her while his or her appointment was subsisting.

(6) A judge may resign from office by writing under his or her hand addressed to the Governor.

(7) A judicial officer shall be appointed for life, or until the appointee reaches such an age as may be prescribed by Ordinance.

(8) A judicial officer—

(a) may resign from office by writing under his or her hand addressed to the presiding member of the Judicial Service Commission;

(b) shall be deemed to have resigned from office if he or she—

(i) is elected as a Member or as the Speaker or Deputy Speaker of the Legislative Council; or

(ii) continues to hold, or accepts, an appointment as an officer of the St Helena Public Service, unless, under a law, such an officer is entitled to serve as a judicial officer on a basis that is consistent with the independence of the judiciary and with the efficiency of the Public Service.