Chapter 8: Courts and Administration of Justice
judges who had been appointed to the Constitutional Court in terms of section
174(4).
(2) � The Cabinet member responsible for the administration of justice must appoint
acting judges to other courts after consulting the senior judge of the court on which
the acting judge will serve.
[S. 175 substituted by s. 9 of the Constitution Seventeenth Amendment Act of 2012.]
Terms of office and remuneration
176. � (1)
A Constitutional Court judge holds office for a non-renewable term of 12 years, or
until he or she attains the age of 70, whichever occurs first, except where an Act of
Parliament extends the term of office of a Constitutional Court judge.
[Sub-s. (1) substituted by s. 15 of the Constitution Sixth Amendment Act of 2001.]
(2) � Other judges hold office until they are discharged from active service in terms of an
Act of Parliament.
(3) � The salaries, allowances and benefits of judges may not be reduced.
Removal
177.
(1) � A judge may be removed from office only if—
(a) � the Judicial Service Commission finds that the judge suffers from an incapacity,
is grossly incompetent or is guilty of gross misconduct; and
(b) � the National Assembly calls for that judge to be removed, by a resolution
adopted with a supporting vote of at least two thirds of its members.
(2) � The President must remove a judge from office upon adoption of a resolution calling
for that judge to be removed.
(3) � The President, on the advice of the Judicial Service Commission, may
suspend a judge who is the subject of a procedure in terms of subsection (1).
Judicial Service Commission
178.
(1) There is a Judicial Service Commission consisting of—
(a) the Chief Justice, who presides at meetings of the Commission;
(b) the President of the Supreme Court of Appeal;
[Para. (b) substituted by s. 16(a) of the Constitution Sixth Amendment Act of 2001.]
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