Constitution of Zambia (Amendment)
[No. 2 of 2016 61
(5) A judge may resign from the office of judge by notice, in
writing, to the President.
(6) Where a judge is appointed or assigned to an office, which
is not an office in the judiciary and that judge wishes to take up the
appointment, the judge shall resign from the office of judge.
143. A judge shall be removed from office on the following
grounds:
Removal of
judge from
office
(a) a mental or physical disability that makes the judge
incapable of performing judicial functions;
(b) incompetence;
(c) gross misconduct; or
(d) bankruptcy.
144. (1) The removal of a judge may be initiated by the Judicial
Complaints Commission or by a complaint made to the Judicial
Complaints Commission, based on the grounds specified in Article
143.
(2) The Judicial Complaints Commission shall, where it decides
that a prima facie case has been established against a judge,
submit a report to the President.
(3) The President shall, within seven days from the date of
receiving the report, submitted in accordance with clause (2),
suspend the judge from office and inform the Judicial Complaints
Commission of the suspension.
(4) The Judicial Complaints Commission shall, within thirty days
of the judge being suspended from office, in accordance with clause
(3)—
(a) hear the matter against the judge on the grounds specified
in Article 143 (b), (c) and (d); or
(b) constitute a medical board, in consultation with the body
responsible for regulating health practitioners, to inquire
into the matter against the judge based on the ground
specified in Article 143(a).
Procedure
for removal
of judge