PART 4:

THE JUDGES

Appointment 138.
of judges

Qualifications for 139.
appointment of judges 6 of 2001

(1)

The Chief Justice shall be appointed by the
President after consultation with the Judicial
Service Commission.

(2)

All other judges of the superior courts except the
judges of the Special Criminal Court shall be
appointed by the President on the recommendation
of the Judicial Service Commission.

(3)

Appointments of judges of the Superior courts shall
be by warrant signed by the President and sealed
with the Public Seal.

(4)

Before assuming the functions of his or her office, a
judge of the superior courts shall take the prescribed
oaths.

(1)

A person shall be qualified for appointment as Chief
Justice if he or she is qualified to be appointed
Judge of the Supreme Court or has been a Judge of
a superior court of a common law country for not
less than ten years.

(2)

A person shall be qualified to be appointed a judge
of the Supreme Court if he or she holds or has held
office as a judge of the Court of appeal, or as a
judge of a court having similar Jurisdiction in a
common law country, in each case for not less than
five years, or if he or she has practices as a legal
practitioner before a court having unlimited
jurisdiction in civil and criminal matters in a
common law country for not less than twelve years.

(3)

A person shall be qualified to be appointed as a
judge of the Court of Appeal if he or she holds or
has held office as a judge of the high Court, or as a
judge of a court having similar jurisdiction in a
common law country, in each case for not less than
five years, or if he or she has practised as a legal
practitioner before a court having unlimited
jurisdiction in civil and criminal matters in a
common law country for not less than eight years.

(4)

A person shall be qualified to be appointed as a
judge of the High court if he or she holds or has
held office as a Principle Magistrate or Master in
The Gambia, or an office, which is the opinion of
the Judicial Service Commission, enjoys a

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