CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005 (2) If the appointment of a Chief Justice or a judge of the Supreme Court or the High Court is not consistent with any recommendation made by the Judicial Service Commission in terms of subsection (1), the President shall cause Parliament to be informed as soon as is practicable. [Subsection as substituted by section 12 of Act 23 of 1987 - Amendment No. 7 and as amended by section 13 of Act 31 of 1989 - Amendment No. 9] (3) The appointment of a judge in terms of this section, whether made before, on or after the date of commencement of the Constitution of Zimbabwe Amendment (No. 4) Act, 1984, may be made for a fixed period and any judge so appointed may, notwithstanding that the period of his appointment has expired, sit as a judge for the purpose of giving judgment or otherwise in relation to any proceedings commenced or heard by him while he was in office. [Subsection as inserted by section 2 of Act 4 of 1984 - Amendment No. 4] 85 Acting judges (1) If the office of the Chief Justice is vacant or the Chief Justice is for any reason unable to perform the functions of his office, the President may, after consulting the Judicial Service Commission, appoint some person holding the office of judge of the Supreme Court or Judge President of the High Court to act as Chief Justice. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2 and by section 20 of Act 23 of 1987 - Amendment No. 7] (2) If the office of a judge of the Supreme Court or the High Court other than the Chief Justice is vacant or such judge is appointed to act in some other judicial capacity or is for any reason unable to perform the functions of his office, or if the services of an additional judge of the High Court are required for a limited period, the President may, as the case requires and after consultation with the Judicial Service Commission, appoint some person qualified for appointment as a judge of the Supreme Court or the High Court to act in that office. [Subsection as amended by section 13 of Act 25 of 1981 - Amendment No. 2, by section 7 of Act 4 of 1984 - Amendment No. 4 and by section 20 of Act 23 of 1987 - Amendment No. 7] (3) A person appointed to act under subsection (2)— (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: Reissue 68 14th September, 2005