COURT SERVICES (ESTABLISHMENT AS AN AGENCY) ORDER

COURT SERVICES (ESTABLISHMENT AS AN AGENCY)

SUBSIDIARY LEGISLATION 595.34

COURT SERVICES (ESTABLISHMENT AS AN

AGENCY) ORDER

9th August, 2019

LEGAL NOTICE 197 of 2019.

(1)

The title of this order is the Court Services

(Establishment as an Agency) Order.

(2)

This order shall not be interpreted or construed to affect

the impartiality, the independence or the functions of the Judiciary.

In this order, unless the context otherwise requires –

"the Act" means the Public Administration Act;

"Agency" means the Court Services Agency established

by means of this order;

"Agency agreement" means the agreement as provided

for in article 9;

"Minister" means the Minister responsible for justice;

"Permanent Secretary" means the Permanent Secretary in

the Ministry responsible for justice.

There shall be an Agency, to be known as the Court

Services Agency, which shall carry out the functions and duties of the

public administration in the following matters

(a)

strengthening and ensuring the achievement of the

highest quality of court services;

(b)

advising the Minister on the development of court

services and on all other matters concerning the functions of the

agency;

(c)

ensuring that, without prejudice to the

independence of the judiciary, the policies adopted by the

Minister are implemented and that the court services provided

are in line with applicable legislation;

(d)

developing the necessary strategy to achieve the

policies, strategies and objectives set by Government or by the

Agency and to determine the short term and long term objective

for the performance of the functions of the Agency;

(e)

setting up of users’ committees and other

COURT SERVICES (ESTABLISHMENT AS AN AGENCY)

committees in order to evaluate, assess and provide the highest

quality of court services;

(f)

providing, or securing or promoting the provision

of such services and facilities as appear to the Agency to be

expedient in the performance of its functions, including the

provision and accessibility of such services and facilities by any

person;

(g)

providing or securing or promoting the provision

of training for persons engaged or to be engaged in the court

services and to promote the welfare of such persons;

(h)

compiling and keeping up to date records of such

data as it may deem appropriate in connection with its functions;

(i)

seeing to the carrying out of the functions and

duties of the Director General (Courts) in accordance with the

Code of Organization and Civil Procedure;

(j)

seeing to the carrying out of the functions and

duties of the Director Civil Courts and Tribunals, Director

Criminal Courts, Director Legal Services and Director Finance

and Administration in accordance with the Code of Organization

and Civil Procedure, Criminal Code and other applicable laws;

(k)

seeing to the carrying out of the functions and

duties of the Registrar of the Civil Courts and Tribunals and of

the Registrar of the Criminal Courts and all executive officers in

accordance with the Code of Organization and Civil Procedure

and any other applicable law;

(l)

assisting the members of the judiciary in the

performance of their duties;

(m) carrying on all such activities not falling within the

function or competence of another person, body or authority

according to law as may appear to the Agency to be

advantageous or convenient to be carried on for or in connection

with the performance of any of the other functions of the

Agency; and

(n)

performing any other function or duty and to

exercise any power vested, in it by or pursuant to this order or

any other law.

(1)

The Minister responsible for the Agency shall be

the Minister responsible for justice.

(2)

The Permanent Secretary in the Ministry responsible for

justice shall supervise the Agency in terms of article 29 of the Act

COURT SERVICES (ESTABLISHMENT AS AN AGENCY)

Provided that the Prime Minister may assign the

responsibility of the Agency to another Minister and its supervision to

the Permanent Secretary of that ministry.

(1)

The Agency shall, in consultation with the

Minister, establish and re-organise units, divisions and sections as

appropriate in order to exercise its functions.

(2)

The operations of the Agency shall follow an agreement

which is to be made in writing between the Permanent Secretary and

the Agency.

(1)

Subject to the provisions of this order, the

executive conduct of the Agency, its administration and organization

and the administrative control of its officers and employees, shall be

the responsibility of a Chief Executive Officer, who shall be appointed

by the Minister.

(2)

The Chief Executive Officer shall be responsible for the

implementation of the objectives of the Agency in the exercise of its

functions and, without prejudice to the generality of the foregoing, he

shall –

(a)

assume full responsibility for the overall

supervision and control of the units, divisions and sections;

(b)

assign to each unit, division and section such

duties which he considers necessary or expedient;

(c)

co-ordinate the work of the units, divisions and

sections;

(d)

develop the necessary strategies for

the

implementation of the objectives of the Agency; and

(e)

perform such other duties as the responsible

Minister may assign to him from time to time.

(3)

The legal and judicial representation of the Agency shall

vest in the Chief Executive Officer of the Agency in accordance with

article 27 of the Act.

(1)

Public officers deployed with the Agency shall be

deemed to be detailed with the Agency in accordance with article 33 of

the Act.

(2)

Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

The Agency shall be governed by the provisions of the

Public Finance Management Act unless otherwise stated in the Agency

COURT SERVICES (ESTABLISHMENT AS AN AGENCY)

agreement between the Permanent Secretary and the Agency, in which

case the provisions of the Agency agreement shall prevail.

The operations of the Agency shall follow an Agency

performance agreement which is to be agreed between the Permanent

Secretary and the Agency. The provisions of article 40 of the Act shall

apply.