-(1) There shall be a Chief Justice of the Court of Appeal (who in the

118.-(1) There shall be a Chief Justice of the Court of Appeal (who in the and Justices of subsequent Articles of this Constitution shall be referred to in short as “the Chief Appeal and their Justice”) and not less than four other Justices of Appeal; save that a full bench of appointments the Court of Appeal shall consist of not less than five Justices of Appeal. Act No.14 (2) The Chief Justice shall be appointed by the President from amongst of 1979 persons who possess qualifications to be appointed as a Justice of Appeal and Art.8 shall be the Head of the Court of Appeal and of the Judiciary as defined in Article Act No.15 of 1984 116 of this Constitution and shall hold the office of a Chief Justice until he attains Act No.7 the retirement age of the Justice of Appeal, except if - of 1994 (a) he resigns; Ar.8(1), (k) (b) his office becomes vacant on grounds of illness or death; or Art.28 (c) he is removed from the post of the Chief Justice by President. Act No.1 of 2005 (3) The other Justices of Appeal shall be appointed by the President after Art.22 consultation with the Chief Justice, from amongst persons who qualify to be appointed Judges of the High Court of the United Republic as provided for in appointed Judges of the High Court of Zanzibar in accordance with the laws applicable in Zanzibar and have possessed such qualifications for a period of not less than fifteen years. (4) Whenever - (a) the office of Chief Justice is vacant, (b) the Chief Justice is absent from Tanzania; or (c) the Chief Justice, for any reason, fails to discharge his duties, and if, in the duration of any of these three events the President considers it appropriate to appoint an Acting Chief Justice, then the President may appoint an Acting Chief Justice from among Justices of Appeal. (5) The Acting Justice of Appeal shall perform the duties of the Chief Justice until another Chief Justice is appointed or until the Chief Justice who was absent from Tanzania or was unable to discharge his duties resumes duty. (6) In the event that an office of Justice of Appeal is vacant or that any Justice of Appeal is appointed Acting Chief Justice or if the Justice of Appeal is for any reason unable to perform the functions of his office, or if the Chief Justice advises the President that the State of business then obtaining in the Court of Appeal requires the appointment of an Acting Justice of Appeal, then the President may, after consultation with the Chief Justice, appoint an Acting Justice of Appeal from amongst persons holding qualifications for appointment as Justice of Appeal in accordance with the provisions of subarticle (4) of this Article. (7) Any person appointed Acting Justice of Appeal shall continue to hold the office of Acting Justice of Appeal for any period specified at the time of his appointment, until his appointment is revoked by the President, but not withstanding that the period of appointment has expired or that the appointment has been revoked, such person may continue to work as Acting Justice of Appeal for as long as may be necessary to enable him to prepare and deliver judgment or to do any other thing in relation to appeals or any other proceedings which were commenced before him prior to the expiration of such period or the revocation of his appointment. (8) For the avoidance of doubt over the construction of the provisions of subarticle (1) of Article 119 of this Constitution, it is hereby declared that a person appointed an Acting Justice of Appeal shall have full power of a Justice of Appeal and shall discharge all duties of Justices of Appeal, and that the quorum of Justice of Appeal mentioned in Article 122 of this Constitution shall not be invalid on ground only that one or more than one Justice of Appeal at any sitting is an Acting Justice of Appeal. (9) The office of Justice of Appeal shall not be abolished while there is a person holding the office of the Justice of Appeal.