170 Security of tenure of members of judiciary (1) The office of a member of the judiciary must not be abolished during his or her tenure of office. (2) A member of the judiciary, other than a judge, must not be removed from office except by or with the approval of the Judicial Service Commission, for gross incompetence, misbehaviour or for mental or physical disability that incapacitates him or her from exercising the functions of a member of the judiciary. (3) An Act of Parliament may provide for the procedure for removing from office a member of the judiciary other than a judge, but the procedure must be fair and open. 171 Conclusion of part-heard cases by former member of judiciary A member of the judiciary who has resigned or retired may continue to sit as a judicial officer in order to conclude or otherwise dispose of proceedings commenced before his or her resignation or retirement. PART IV JUDICIAL SERVICE COMMISSION 172 Judicial Service Commission (1) There is a Judicial Service Commission consisting of– (a) the Chief Justice, who is the chairperson of the Commission; (b) the Judge President; (c) the Minister responsible for the administration of justice; (d) the Attorney-General; (e) a person nominated by the Public Service Commission; (f) six other members appointed by the President. (2) Of the persons appointed to the Judicial Service Commission by the President– (a) three must be legal practitioners chosen from a list of persons nominated by the association, constituted under an Act of Parliament, which represents legal practitioners in Zimbabwe; (b) two must be lecturers in law at institutions of higher learning in Zimbabwe; (c) one must be a traditional leader. 173 Functions of Judicial Service Commission The Judicial Service Commission has the functions that are conferred or imposed on it by this Constitution or an Act of Parliament, and these functions may include– (a) appointing members of the judiciary, other than judges and traditional leaders, and fixing and regulating their conditions of service; (b) exercising disciplinary powers over members of the judiciary; (c) ensuring the general well-being and administration of the judiciary and its maintenance in a high state of efficiency; and (d) making regulations for any of the purposes set out in this section. - 67 -

Select target paragraph3

Add to table of contents