Constitution_Of_Botswana.TXT
(6) If the office of a Justice of Appeal is vacant or if any Justice of
Appeal is appointed to act as Chief Justice or President of the Court of Appeal or
is for any reason unable to perform the functions of his or her office, the
President, acting in accordance with the advice of the Judicial Service Commission,
may appoint a person qualified for appointment as a Justice of Appeal to act as a
Justice of Appeal:
2 of 2002, s. 6(b). 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 101 of this Constitution.
(7) Any person appointed under subsection (6) of this section to act as a
Justice of Appeal, shall subject to the provisions of section 101(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
Justice of Appeal has expired or been revoked to continue to act as such a judge for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.
[Ch0000s101] 101.
Tenure of office of judges of Court of Appeal
2 of 2002, s. 7. (1) Subject to the provisions of this section, a person
holding the office of a judge of the Court of Appeal shall vacate that office on
attaining the age of 70 years or such other age as may be prescribed by Parliament:
Provided that(i)
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;
(ii)
a person may be appointed as President of the Court of Appeal or as
a Justice of Appeal for a fixed period of three years notwithstanding that he or she
has attained the age referred to in this subsection or that he or she will before
the expiry of his or her appointment have attained that age; and
(iii)
the appointment as President of the Court of Appeal or as Justice of
Appeal serving for a fixed period under paragraph (ii) above shall not affect the
date at which he or she is due to retire.
(2) A judge of the Court of Appeal 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
Court of Appeal 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 Court of Appeal 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 Court of Appeal 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 removed from office.
[Ch0000s102] 102.
Oaths to be taken by judges of Court of Appeal
A judge of the Court of Appeal shall not enter upon the duties of his or her
office unless he or she has taken and subscribed such oath for the due execution of
his or her office as may be prescribed by Parliament.
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