Constitution_Of_Botswana.TXT
2 of 2002, s. 3(e). (i) a person may be appointed under this subsection
notwithstanding that he or she has attained the age of 70 years or such other age as
may be prescribed for the purposes of section 97 of this Constitution;
2 of 2002, s. 3(c)(ii). (ii)
a person appointed under this subsection,
who is not a judge of the High Court, may, notwithstanding the assumption or
resumption of the functions of the office of Chief Justice by the holder of that
office, continue to act as a judge of the High Court for so long thereafter and to
such extent as may be necessary to enable him or her to deliver judgment or to do
any other thing in relation to proceedings that were commenced before him or her
previously thereto.
2 of 2002, s. 3(d). (6) If the office of any judge of the High Court is
vacant, or if any such judge is appointed to act as Chief Justice, or is for any
reason unable to perform the functions of his or her office, or if the President,
acting after consultation with the Chief Justice, is satisfied that the state of
business in the High Court requires that the number of judges of the court should be
temporarily increased, the President, acting in accordance with the advice of the
Judicial Service Commission, may appoint a person qualified for appointment as a
judge of the High Court to act as a judge of that court:
2 of 2002, s. 3(e). Provided that a person may be so appointed
notwithstanding that he or she has attained the age of 70 years or such other age as
may be prescribed for the purposes of section 88 of this Constitution.
2 of 2002, s. 3(d). (7) Any person appointed under subsection (6) of this
section to act as a judge of the High Court shall, subject to the provisions of
section 97(4) and (5) of this Constitution, continue to act for the period of his or
her appointment or, if no such period is specified, until his or her appointment is
revoked by the President, acting in accordance with the advice of the Judicial
Service Commission:
Provided that the President, acting in accordance with the advice of the
Judicial Service Commission, may permit a person whose appointment to act as a judge
of the High Court has expired or been revoked to continue to act as such a judge for
such period as may be necessary to enable him or her to deliver judgment or to do
any other thing in relation to proceedings that were commenced before him or her
previously thereto.
[Ch0000s97] 97. Tenure of office of judges of High Court
2 of 2002, s. 4. (1) Subject to the provisions of this section, a person
holding the office of a judge of the High Court shall vacate that office on
attaining the age of 70 years or such other age as may be prescribed by Parliament:
Provided that the President, acting in accordance with the advice of the
Judicial Service Commission, may permit a judge who has attained that age to
continue in office for such period as may be necessary to enable him or her to
deliver judgment or to do any other thing in relation to proceedings that were
commenced before him or her before he or she attained that age.
(2) A judge of the High Court may be removed from office only for inability
to perform the functions of his or her office (whether arising from infirmity of
body or mind or from any other cause) or for misbehaviour, and shall not be so
removed except in accordance with the provisions of this section.
(3) If the President considers that the question of removing a judge of the
High Court under this section ought to be investigated then(a)
he or she shall appoint a tribunal which shall consist of a Chairman
and not less than two other members, who hold or have held high judicial office;
(b)
the tribunal shall enquire into the matter and report on the facts
thereof to the President and advise the President whether the judge ought to be
removed from office under this section for inability as aforesaid or for
misbehaviour.
(4) Where a tribunal appointed under subsection (3) of this section advises
the President that a judge of the High Court ought to be removed from office for
inability as aforesaid or for misbehaviour, the President shall remove such judge
from office.
(5) If the question of removing a judge of the High Court from office has
been referred to a tribunal under subsection (3) of this section, the President may
suspend the judge from performing the functions of his or her office, and any such
suspension may at any time be revoked by the President and shall in any case cease
to have effect if the tribunal advises the President that the judge ought not to be
Page 36