(1) If a judge
including the Chief Judge is, or is expected to be, temporarily unable for any
reason to perform the functions of the office of judge then the Governor may,
by commission under the Public Seal of the State, appoint a person who is
eligible to be appointed as a judge to act as a judge for the period of the
first-mentioned judge’s inability.
(2) If for any reason
the conduct of the business of the Court, in the opinion of the Governor,
requires the appointment of an acting judge then the Governor may appoint a
person who is eligible to be appointed as a judge to act as a judge for such
period as the Governor thinks fit and specifies in the instrument of
(3) The appointment of
an acting judge authorises the acting judge to complete the hearing and
determination of any proceedings that may be pending before the acting judge
at the expiration of that period.
(4) Before a person
who is appointed to be an acting judge performs any function of the office, he
or she shall take before the Governor, a Supreme Court judge, or some person
authorised for the purpose by the Governor to do so, an oath or affirmation in
the form set out in Schedule 1.
[Section 22 amended: No. 24 of 2005 s. 23.]