Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
(2) If the President considers that the question of the removal from office of
the Chief Justice ought to be investigated, the President shall appoint a tribunal to
inquire into the matter.
[Subsection as amended by section 20 of Act 23 of 1987 – Amendment No. 7]
(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 office of the judge concerned ought to be investigated, the President
shall appoint a tribunal to inquire into the matter.
[Subsection as amended by section 13 of Act 25 of 1981 – Amendment No. 2,
by section 6 of Act 4 of 1985 – Amendment No. 5
and by section 20 of Act 23 of 1987 – Amendment No. 7]
(4) A tribunal appointed under subsection (2) or (3) shall consist of not less
than three members selected by the President from the following—
(a) persons who have held office as a judge of the Supreme Court or the High
Court;
(b) persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil or criminal matters in a country in which
the common law is Roman-Dutch or English, and English is an official
language;
(c) legal practitioners of not less than seven years’ standing who have been
nominated under subsection (5);
(d) …
[Paragraph repealed by section 6 of Act 25 of 1981 – Amendment No. 2]
one of whom shall be designated by the President as chairman.
[Subsection as amended by sections 6 and 13 of Act 25 of 1981 – Amendment No. 2]
(4a) In computing, for the purposes of subsection (4)(c), the period during
which a person has had standing as a legal practitioner, any period during which he
has had standing as an advocate or attorney in Zimbabwe shall be included.
[Subsection as inserted by section 6 of Act 25 of 1981 – Amendment No. 2]
(5) It shall be the duty of the association which is constituted under an Act of
Parliament and which represents legal practitioners practising in Zimbabwe to
nominate a panel containing the names of not less than three duly qualified legal
practitioners for the purposes of subsection (4)(c) when so required by the
President.
[Subsection as amended by section 6 of Act 25 of 1981 – Amendment No. 2]
(6) A tribunal appointed under subsection (2) or (3) shall inquire into the
matter and report on the facts thereof to the President and recommend to the
President whether or not he should refer the question of the removal of the judge
from office to the Judicial Service Commission, and the President shall act in
accordance with such recommendation.
(7) The provisions of the Commissions of Inquiry Act [Chapter 80] as in force
at the time or any other law substituted for the same shall, mutatis mutandis, apply
in relation to a tribunal appointed under subsection (2) or (3) as they apply to
commissioners appointed under that Act.
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