60
No. 2 of 2016]
Constitution of Zambia (Amendment)
(b) the Deputy President of the Constitutional Court is acting
as President of the Constitutional Court; or
(c) the Deputy President of the Constitutional Court is for a
reason unable to perform the functions of that office.
Appointment
of judges
140. The President shall, on the recommendation of the Judicial
Service Commission and subject to ratification by the National
Assembly, appoint the—
(a) Chief Justice;
(b) Deputy Chief Justice;
(c) President of the Constitutional Court;
(d) Deputy President of the Constitutional Court; and
(e) other judges.
Qualification
for
appointment
as judge
141. (1) A person qualifies for appointment as a judge if that
person is of proven integrity and has been a legal practitioner, in
the case of the—
(a) Supreme Court, for at least fifteen years;
(b) Constitutional Court, for at least fifteen years and has
specialised training or experience in human rights or
constitutional law;
(c) Court of Appeal, for at least twelve years; or
(d) High Court, for at least ten years.
(2) A person appointed as judge to a specialised court shall have
the relevant expertise, as prescribed.
Tenure of
office of
judge
142. (1) A judge shall retire from office on attaining the age
of seventy years.
(2) A judge may retire, with full benefits, on attaining the age of
sixty-five years.
(3) The Chief Justice and President of the Constitutional Court
shall hold office for not more than ten years and may, thereafter,
continue as a judge of the Supreme Court or Constitutional Court,
subject to clause (1).
(4) A judge who has retired is not eligible for appointment as a
judge.