Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/75

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Constitution of the Republic of South Africa, 1996

Act No. 108, 1996

Chapter 8—Courts and Administration of Justice

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Acting judges

175.

(1)

The President may appoint a woman or a man to be an acting judge of the Constitutional Court if there is a vacancy or if a judge is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the President of the Constitutional Court and the Chief Justice.

(2)

The Cabinet member responsible for the administration of justice must appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve.

Terms of office and remuneration

176.

(1)

A Constitutional Court judge is appointed for a non-renewable term of 12 years, but must retire at the age of 70.

(2)

Other judges hold office until they are discharged from active service in terms of an Act of Parliament.

(3)

The salaries, allowances and benefits of judges may not be reduced.

Removal

177.

(1)

A judge may be removed from office only if —

(a)

the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct; and

(b)

the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.

(2)

The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.

(3)

The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).

Judicial Service Commission

178.

(1)

There is a Judicial Service Commission consisting of —

(a)

the Chief Justice, who presides at meetings of the Commission;

(b)

the President of the Constitutional Court;

(c)

one Judge President designated by the Judges President;

(d)

the Cabinet member responsible for the administration of justice, or an alternate designated by that Cabinet member;

(e)

two practising advocates nominated from within the advocates’ profession to represent the profession as a whole, and appointed by the President;

(f)

two practising attorneys nominated from within the attorneys’ profession to represent the profession as a whole, and appointed by the President;