Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) not be necessary for such person to take and subscribe the oaths referred to in this section in respect of such appointment. [Section as substituted by section 5 of Act 25 of 1981 – Amendment No. 2 – and amended by section 19 of Act 11 of 2007 – Amendment No. 18] 84 Appointment of judges (1) The Chief Justice, Deputy Chief Justice, Judge President and other judges of the Supreme Court and the High Court shall be appointed by the President after consultation with the Judicial Service Commission. [Subsection as substituted by section 12 of Act 23 of 1987 – Amendment No. 7 – and amended by section 20 of Act 11 of 2007 – Amendment No. 18] (2) If the appointment of a Chief Justice, Deputy Chief Justice, Judge President 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 the Senate 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 – by section 23 of Act 5 of 2005 – Amendment No. 17 – and by section 20 of Act 11 of 2007 – Amendment No. 18] (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 offices of the Chief Justice and the Deputy Chief Justice are vacant or the Chief Justice and the Deputy Chief Justice are for any reason unable to perform the functions of their offices, 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 – by section 20 of Act 23 of 1987 – Amendment No. 7 – and by section 21 of Act 11 of 2007 – Amendment No. 18] (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)— - 76 -

Select target paragraph3

Add to table of contents