CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2 and by section 20 of Act 23 of 1987 - Amendment No. 7] (2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2, by section 7 of Act 4 of 1984 - Amendment No. 4 and by section 20 of Act 23 of 1987 - Amendment No. 7] (3) A person appointed to act under subsection (2)— (a) shall, subject to the provisions of section 87, continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the President, after consultation with the Judicial Service Commission; and [Paragraph as amended by section 7 of Act 4 of 1984 - Amendment No. 4 and by section 20 of Act 23 of 1987 - Amendment No. 7] (b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was so acting. 86 Tenure of office of judges (1) Subject to the provisions of section 87, a judge of the Supreme Court or the High Court shall retire when he attains the age of sixty-five years unless, before he attains that age, he has elected to retire on attaining the age of seventy years: Provided that— (a) an election under this subsection shall be subject to the submission to, and acceptance by, the President, after consultation with the Judicial Service Commission, of a medical report as to the mental and physical fitness of the judge so to continue in office; (b) the provisions of this subsection shall not apply to an acting judge or a judge who has been appointed for a fixed period of office; [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2, by sections 3 and 7 of Act 4 of 1984 - Amendment No. 4 and by section 20 of Act 23 of 1987 - Amendment No. 7] (2) A judge of the Supreme Court or the High Court may at any time resign his office by notice in writing to the President. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2] (3) The office of a judge of the Supreme Court or the High Court shall not, without his consent, be abolished during his tenure of office. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2] (4) A judge of the Supreme Court or the High Court may, notwithstanding that he has attained the age at which he is required by subsection (1) to retire, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was in office. Consolidation 73 1st October, 2005