Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
(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
[Paragraph as amended by section 7 of Act 4 of 1984 – Amendment No. 4
and by section 20 of Act 23 of 1987 – Amendment No. 7]
(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that his appointment has been revoked, sit as a judge for the purpose of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 section 87, 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 25 of 1981 – Amendment No. 2,
by sections 3 and 7 of Act 4 of 1984 – Amendment No. 4
and by section 20 of Act 23 of 1987 – Amendment No. 7]
(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 – Amendment No. 2]
(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 – Amendment No. 2]
(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 – Amendment No. 2]
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 – Amendment No. 2]
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