Friday, August 28, 2009

Removal of Judges

In terms of Section 177 of the Constitution of South Africa: A judge may be removed from office only if-

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

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

The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure by the Judicial Service Commission into whether the judge suffers from an incapacity, is grossly incompetent or is guilty of gross misconduct.

Source: the Constitutional Court of South Africa

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