(ii) if he or she is a citizen of Zimbabwe, in a country whose common law is Roman-Dutch or English and English is an official language; or (b) has been a judge of a court with unlimited jurisdiction in civil or criminal matters in a country whose common law is Roman-Dutch or English, and English is an official language. 163 Appointment of judges (1) The President appoints the Chief Justice and the Deputy Chief Justice after consultation with the Judicial Service Commission. (2) Judges other than the Chief Justice and the Deputy Chief Justice are appointed by the President either– (a) with the approval of the Judicial Service Commission; or (b) from a list of names submitted to him or her by the Judicial Service Commission. 164 Acting judges (1) If the office of the Chief Justice is vacant or the Chief Justice is unable to exercise the functions of his or her office– (a) the Deputy Chief Justice must act as Chief Justice; or (b) if the Deputy Chief Justice is unable to do so, the most senior judge of the Supreme Court must act as Chief Justice. (2) The President may appoint a person as an acting judge either– (a) with the approval of the Judicial Service Commission; or (b) from a list of names submitted to him or her by the Judicial Service Commission. 165 Tenure of office of judges (1) A judge must retire at the age of sixty-five years unless, before attaining that age, he or she gives written notice to the President and the Judicial Service Commission of election to retire at the age of seventy years, in which event the judge must be permitted to continue in office (2) A judge may resign his or her office at any time by written notice to the President and the Judicial Service Commission, 166 Removal of judges from office (1) A judge may be removed from office on the advice of the Judicial Service Commission only for gross incompetence, misbehaviour or for mental or physical disability that incapacitates him or her from exercising the functions of a judge. (2) The President may appoint a tribunal to inquire into the question of the Chief Justice's removal from office if the President considers that the question should be investigated. (3) The President must appoint a tribunal without delay to inquire into the question of a judge's removal from office if the President is advised by the Judicial Service Commission that the question should be investigated. (4) A tribunal appointed under this section must consist of at least three members appointed by the President, of whom– - 65 -