84

Article 84 Removal of Judges from Office (1) A Judge may be removed from office before the expiry of his or her tenure only by the President acting on the recommendation of the Judicial Service Commission. (2) Judges may only be removed from office on the ground of mental incapacity or for gross misconduct, and in accordance with the provisions of Sub-Article (3) hereof. (3) If the Judicial Service Commission considers that the question of removing a Judge of the Supreme Court or the High Court under this Article ought to be investigated, it shall establish a tribunal which – (a) shall consist of a Chairperson and not less than two other members, who hold or have held judicial office; (b) shall enquire into the matter and report on the facts thereof to the Judicial Service Commission; and (c) if the Judicial Service Commission, after due deliberation, advises the President to remove the Judge for any reason referred to in Sub-Article (2), the President must remove such Judge from office. (4) If the deliberations of the Judicial Service Commission pursuant to this Article involve the conduct of a member of the Judicial Service Commission, such Judge shall not participate in the deliberations and the President shall appoint another Judge to fill such vacancy. (5) The Judicial Service Commission may, before establishing a tribunal in terms of Sub-Article (3), recommend to the President to suspend the Judge under investigation from office pending the outcome of the enquiry by the tribunal: Provided that the President may on the recommendation of the Judicial Service Commission, revoke any suspension.