ss 85–88
CONSTITUTION OF ZIMBABWE
(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
be investigated, the President shall appoint a tribunal
to inquire into the matter.
[Paragraph as amended by section 7 of Act 4 of 1984 and by
section 20 of Act 23 of 1987]
(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appointment has expired or that his appointment has been revoked, sit as a judge for the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 this section, 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 23 of 1987]
[Subsection as amended by section 13 of Act 25 of 1981, by
sections 3 and 7 of Act 4 of 1984 and by section 20 of Act
23 of 1987]
(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]
(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]
(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.
[Subsection as amended by section 13 of Act 25 of 1981]
87 Removal of judges from office
(1) A judge of the Supreme Court or the High
Court may be removed from office only for inability
to discharge the functions of his office, whether
arising from infirmity of body or mind or any other
cause, or for misbehaviour and shall not be so
removed except in accordance with the provisions of
this section.
[Subsection as amended by section 13 of Act 25 of 1981]
(2) If the President considers that the question of
the removal from office of the Chief Justice ought to
(3) If, in the case of a judge of the Supreme Court
or the High Court other than the Chief Justice, the
Chief Justice advises the President that the question
of
removal
from
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