-(1) There shall be a Principal Judge of the High Court (who in the

109.-(1) There shall be a Principal Judge of the High Court (who in the High Court and following provisions of this Constitution shall be referred to as the “Principal their appointments Judge”) and other Judges of the High Court who shall be not less than thirty who Act No.14 shall be appointed by the President after consultation with the Judicial Service of 1979 Commission. Art.6 (2) Subject to the provisions of this Constitution or any other law Act No.15 concerning the powers of the Chief Justice who is referred to in Article 118, the of 1984 Art.22 Principal Judge shall be the special assistant to the Chief Justice in the Act No.14 administration of the High Court and of all the other courts subordinate to it, and of 1990 in the discharge of the functions of that office, the Principal Judge shall perform Art.5 such functions and duties as he may, from time to time, be instructed or directed by the Chief Justice and, for the purposes of this Article, the Principal Judge shall also be known as the Head of the High Court. (3) In addition to his ordinary powers as a Judge of the High Court, the Principal Judge shall also have power to perform all such duties and functions related to the jurisdiction of the High Court which, in accordance with the provisions of this Constitution or any other law, or the legal traditions applicable, are matters which are required to be performed by the head of the High Court: Provided that the provisions of this subarticle shall not apply in relation to the discharge of duties or functions which, in terms of the provisions of this Constitution or of any other law or in accordance with legal traditions applicable in Tanzania are expressly stated or are deemed to be the duties or functions required to be performed only by the Chief Justice. (4) For the avoidance of doubt in relation to the interpretation or application of the provisions of subarticles (2) and (3), of this Article, it is hereby declared that except where this Constitution or any other law provides otherwise, the Chief Justice may, from time to time, give to the Principal Judge directions or instruction concerning the discharge of his duties and functions as head of the High Court. Likewise, the Chief Justice may delegate to the Principal Judge some of his administrative and supervisory powers in relation to the discharge of functions in the High Court and in all other courts subordinate to it, and whenever necessary the Chief Justice may himself discharge directly any of the functions so delegated to the Principal Judge. (5) The office of Judge of the High Court shall not be abolished while there is a person holding that office. (6) Subject to the provisions of subarticle (8) of this Article, a person may only be appointed Judge of the High Court if he has special qualifications as defined in subarticle (7) of this Article, and has held one of those special qualifications for a period of not less than ten years. (7) For the purposes of construing subarticles (6), (8) and (10) of this Article “special qualifications” means a person who holds a degree in law from a University recognized by the accreditation authority in Tanzania, and (a) has been a magistrate; (b) has held an office in the public service while possessing qualifications of attorney or has been a private advocate; and (c) possess qualifications for enrolment as an advocate and, has possessed those qualifications continuously for a period of not less than ten years. (8) Where the President is satisfied that a person holding one of the special qualifications has not held that qualification for a period of not less than ten years, but that that person has the ability, knowledge and in every respect is suitable for appointment as Judge of the High Court, and there are reasons which make such person deserve to be so appointed, then the President may dispense with the requirement that such person shall have held the special qualifications for a period of not less than ten years, and may, after consultation with the Judicial Service Commission, appoint that person Judge of the High Court. (9) In the event that the office of Principal Judge falls vacant or that the Principal Judge is for any reason unable to perform the functions of his office, then, those functions shall be performed by one of the Judges who shall be appointed by the President for that purpose and that Judge so appointed shall perform those functions until a new Principal Judge is appointed and assumes the office of Principal Judge or until the Principal Judge who was unable to perform his functions resumes office. (10) In the event that the office of any Judge falls vacant or that any Judge is appointed Acting Principal Judge or 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 High Court requires the appointment of an Acting judge, the President may, after consulting the Chief Justice in the usual manner, appoint an Acting Judge from amongst persons holding the special qualifications: Provided that - (a) a person shall not be deemed to be disqualified from appointment in accordance with the provisions of this subarticle for the reason only that he has attained the age specified in subarticle (1) of (b) for the purpose of appointing an Acting Judge in accordance with the provisions of this subarticle, the President may dispense with the requirement of holding the special qualifications for a period of ten years for the same reasons as those set out in subarticle (8) of this Article. (11) Any person appointed Acting Judge pursuant to the provisions of subarticle (10) of this Article shall continue to hold the office of Acting Judge for any period so specified in his appointment or if no period is specified, until his appointment is revoked by the President, but notwithstanding that his term of office has expired or that his appointment has been revoked, that person may continue to perform functions as Acting Judge until he has completed the preparation and delivery of a decision or until he completes any other business connected with matters which he had started hearing before his term of office expired or before his appointment was revoked.