Chapter 8: Courts and Administration of Justice
(4) � The other judges of the Constitutional Court are appointed by the President, as head
of the national executive, after consulting the Chief Justice and the leaders of parties
represented in the National Assembly, in accordance with the following procedure:
(a) � The Judicial Service Commission must prepare a list of nominees with three
names more than the number of appointments to be made, and submit the list
to the President.
(b) The President may make appointments from the list, and must advise
the Judicial Service Commission, with reasons, if any of the nominees are
unacceptable and any appointment remains to be made.
(c) � The Judicial Service Commission must supplement the list with further
nominees and the President must make the remaining appointments from the
supplemented list.
[Sub-s. (4) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.]
(5) � At all times, at least four members of the Constitutional Court must be persons who
were judges at the time they were appointed to the Constitutional Court.
(6) � The President must appoint the judges of all other courts on the advice of the
Judicial Service Commission.
(7) � Other judicial officers must be appointed in terms of an Act of Parliament
which must ensure that the appointment, promotion, transfer or dismissal of,
or disciplinary steps against, these judicial officers take place without favour or
prejudice.
(8) � Before judicial officers begin to perform their functions, they must take an oath
or affirm, in accordance with Schedule 2, that they will uphold and protect the
Constitution.
Appointment of acting judges
175. � (1)
The President may appoint a woman or a man to serve as an acting Deputy Chief
Justice or judge of the Constitutional Court if there is a vacancy in any of those
offices , or if the person holding such an office 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 Chief Justice, and an
appointment as acting Deputy Chief Justice must be made from the ranks of the
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