CONSTITUTION OF ZIMBABWE as amended at 14th September,2005 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] (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; Reissue 69 14th September, 2005