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of Act 23 of 1987] (b) may, notwithstanding that the period of his appointment has expired or that his appointment has been revoked, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced before or heard by him while he was so acting. 86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 58

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