98. (1) Subject to the provisions o f this Article, a person holding the office of a judge of the Supreme Court or the office of a judge of the High Court shall vacate that office on attaining the age of sixty - five years:Tenure of office of Judges of Supreme Court and High Court Provided th at the President - (a) may permit a judge of the High Court in accordance with the advice of the Judicial Service Commission, or a judge of the Supreme Court, who has attained that age to continue in office for such period as may be necessary to enable him to deliver judgement or to do any other thing in relation to proceedings that were commenced before him before he attained that age; (b) may appoint a judge of the High Court in accordance with the advice of the Judicial Service Commission or a judge of the Supreme Court, who has attained the age of sixty - five years, for such further period, not exceeding seven years, as the President may determine. (2) A Judge of the Supreme Court, High Court, Chairman or Deputy Chairman of the Industrial Relations Cou rt may be removed from office only for inability to perform the functions of office, whether arising from infirmity of body or mind, incompetence or misbehavior and shall not be so removed except in accordance with the provision of this Article. (3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then - (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other member s, who hold or have held high judicial office; (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article for inability as a foresaid or for misbehaviour. (4) Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President s hall remove such judge from office. (5) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his o ffice, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought to be removed from office. (6) The provisions of this Article shall be withou t prejudice to the provisions of Article 96. 99. A judge of the Supreme Court or of the High Court shall not enter upon the duties of his office unless he has taken and subscribed to the oath of allegiance and such oath for the due execution of his office as may be prescribed by or under an Act of Parliament:Oaths to be taken by Judge Provided that a person who has once taken and subscribed to the said oaths may enter upon the duties of any such office without again taking and subscribing such oaths. -- zambiareports/2014/11/26/pf-must-transparent-conference-zambian-voice/
Posted on: Wed, 26 Nov 2014 19:32:44 +0000
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