(1) The Judicial Service Commission shall be appointed within sixty days after the effective date and the Commission shall be deemed to be properly constituted under this Constitution despite the fact that there may be a vacancy in its membership because of any of the bodies nominating or electing members have not done so.
(2) Despite subsection (1), the Judicial Service Commission may not perform its functions unless five members have been appointed.
(3) To ensure continuity in the operation of the Judicial Service Commission, despite Article 171 (4), when the Commission is first constituted the following members shall be appointed to serve for three years only–
- (a) the Court of Appeal judge appointed under Article 171 (4) (c);
- (b) the High Court judge appointed under Article 171 (4) (d);
- (c) one of the advocates appointed under Article 171 (4) (f), to be identified by the statutory body responsible for the professional regulation of advocates; and
- (d) one of the members appointed by the President under Article 171 (4) (h), to be identified by the President.
(4) Until the Public Service Commission contemplated in Article 233 is established, a person nominated by the Public Service Commission established under section 106 of the former Constitution shall serve on the Judicial Service Commission but, when the new Public Service Commission is established, the person shall cease to be a member of the Judicial Service Commission and the new Public Service Commission shall nominate a person to serve on the Judicial Service Commission.