62
No. 2 of 2016]
Constitution of Zambia (Amendment)
(5) Where the Judicial Complaints Commission decides that an
allegation based on a ground specified in Article 143(b), (c) and
(d) is—
(a) not substantiated, the Judicial Complaints Commission shall
recommend, to the President, the revocation of the
judge’s suspension and the President shall immediately
revoke the suspension; or
(b) substantiated, the Judicial Complaints Commission shall
recommend, to the President, the removal of the judge
from office and the President shall immediately remove
the judge from office.
(6) The proceedings under clause (4) (a) shall be held in camera
and the judge is entitled to appear, be heard and be represented by
a legal practitioner or other person chosen by the judge.
(7) The medical board, constituted in accordance with clause
(4) (b), shall consist of not less than three registered health
practitioners.
(8) The medical board shall, within thirty days of being
constituted, examine the judge and report to the Judicial Complaints
Commission on the judge’s capacity to perform the judicial functions.
(9) Where the medical board recommends to the Judicial
Complaints Commission that the judge is—
(a) physically or mentally capable of performing the judicial
functions, the Judicial Complaints Commission shall
recommend to the President the revocation of the judge’s
suspension and the President shall immediately revoke
the suspension; or
(b) not physically or mentally capable of performing the judicial
functions, the Judicial Complaints Commission shall
recommend to the President the removal of the judge
from office and the President shall immediately remove
the judge from office.
(10) A judge who refuses to submit to an examination, in
accordance with clause (8), shall immediately be removed from
office by the President.