Page:Constitution of Rhodesia, 1965.pdf/36

 62. (1) A judge of the High Court may be removed from Remo office by the Officer Administering the Government by order under judges the public seal only for inability to discharge the functions of his cffice (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed unless the question of the removal of that judge from office has been referred to an independent tribunal and that tribunal has recommended that the judge be removed from office for inability as aforesaid or misbehaviour. (2) If the Prime Minister in the case of the Chief Justice or the Judge President), or the Judge President in the case of a judge of appeal), or the Chief Justice (in the case of any other judge), advises the Officer Administering the Government that the question of removing a judge of the High Court from office for inability as aforesaid or misbehaviour ought to be investigated, hen- (a) the Officer Administering the Government shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Officer Administering the Government from among persons who have held office as a judge of the High Court or who hold or have held office as a judge of a superior court of the United Kingdom or of a country in which the common law is Roman-Dutch and English is an official language: and (b) that tribunal shall inquire into the matter and report on the facts thereof to the Officer Administering the Government and recommend to the Officer Adminis- tering the Government whether or not that judge should be removed, and (c) if the tribunal recommends that the judge be removed, the Officer Administering the Government shall act as provided in subsection (1) of this section. (3) The provisions of the Commissions of Inquiry Act Chapter 61), or any other law substituted for the same shall apply, nutatis mutandis, in relation to a tribunal appointed under sub- section (2) of this section as they apply to commissioners appointed under that Act, and for that purpose those provisions shall have effect as if they formed part of this Constitution: Provided that a law which amends, adds to or repeals or is substituted for any such provision shall not be deemed to be an imendment of any of the provisions of this Constitution for the purposes of Chapter X. 33