removing the judge from office should be referred to the Judicial Committee;
and
(c)
(5)
where the tribunal so recommends, the President shall refer the question
accordingly.
Where the question of removing a judge of the Supreme Court from office has been
referred to a tribunal under subsection (4), the President may suspend the judge
from performing the functions of his office; and any such suspension may at any
time be revoked by the President and shall in any case cease to have effect (a)
where the tribunal recommends to the President that he should not refer the
question of removing the judge from office to the Judicial Committee; or
(c)
where the Judicial Committee advises that the judge ought not to be
removed from office.
(6)
The functions of the President under this section shall be exercised by him in his
own deliberate judgment.
(7)
The retiring age for the purposes, of subsection (1) shall be the age of 62 years or
such other age as may be prescribed by Parliament:
Provided that a provision of any Act of Parliament, to the extent that it alters the age
at which judges of the Supreme Court shall vacate their offices, shall not have
effect in relation to a judge after his appointment unless he consents to its having
effect.
Amended by [Act No. 48 of 1991]
79.
Oaths to be taken by judges
A Judge of the Supreme Court shall not enter upon the duties of his office unless he has
taken and subscribed the oath of allegiance and such oath for the due execution of his
office as is prescribed by the Third Schedule.
80.
81.
Courts of Appeal
(1)
There shall be a Court of Civil Appeal and a Court of Criminal Appeal for Mauritius,
each of which shall be a division of the Supreme Court.
(2)
The Court of Civil Appeal shall have such jurisdiction and powers to hear and
determine appeals in civil matters and the Court of Criminal Appeal shall have such
jurisdiction and powers to hear and determine appeals in criminal matters as may
be conferred upon them respectively by this Constitution or any other law.
(3)
The Judges of the Court of Civil Appeal and the Court of Criminal Appeal shall be
the judges for the time being of the Supreme Court.
Appeals to the Judicial Committee