(c)
the Judge is acquitted of an offence referred to in paragraph
1(d) by a court of competent jurisdiction in a Partner State.
3.
The tribunal appointed under paragraph 1(a) of this Article shall consist of
three eminent Judges drawn from within the Commonwealth of Nations.
4.
At any time when the President of the Appellate Division, or the Principal
Judge of the First Instance Division of the Court is for any reason unable to
perform the functions of his or her office, those functions shall be performed by
the Vice-President or the Deputy Principal Judge, as the case may be.
5.
The procedure for filling vacancies in the Court shall be prescribed in
rules of the Court.
If a Judge is directly or indirectly interested in a case before the Court,
and if he or she considers that the nature of his or her interest is such that it
would be prejudicial for him or her to take part in that case, such a Judge shall,
if in the First Instance Division, make a report to the Principal Judge, or, if in
the Appellate Division, make a report to the President, and if the President or
Principal Judge considers the Judge’s interest in the case prejudicial, the
President or Principal Judge, as the case may be, shall make a report to the
Chairperson of the Summit, and the Summit shall appoint a temporary Judge to
act for that case only in place of the substantive Judge.
6.
7.
If the President or Principal Judge of the Court is directly or indirectly
interested in a case before the Court he or she shall, if he or she considers that
the nature of his or her interest is such that it would be prejudicial for him or her
to take part in that case, make a report to the Chairperson of the Summit and
the Summit shall appoint a temporary President or Principal Judge of the Court
to act as President or Principal Judge of the Court for that case only in place of
the substantive President or Principal Judge of the Court.
ARTICLE 27
Jurisdiction of the Court
1.
The Court shall initially have jurisdiction over the interpretation and
application of this Treaty:
Provided that the Court’s jurisdiction to interpret under this paragraph
shall not include the application of any such interpretation to jurisdiction
conferred by the Treaty on organs of Partner States.
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