President, advising on the whole matter, and shall advise him
whether or not the Judge concerned should be removed from office
in accordance with the provisions of this Article on the grounds of
inability to perform his functions due to illness or any other reason
or on grounds of misbehaviour.
(4)
If the Tribunal appointed in accordance with the provisions of
subarticle (3) advises the President that the Judge the subject of investigation by
the Special Tribunal be removed from office on grounds of inability to perform
functions due to illness or any other reason or on grounds of misbehaviour, then
the President shall remove the Judge from office and the employment of that
Judge shall cease.
(5) If the question of removing a Judge from office has been referred to a
Tribunal for investigation pursuant to the provisions of subarticle (3) of this
Article, the President may suspend the Judge concerned from duty, and the
President may at any time rescind the decision to suspend such Judge, and in any
case such decision shall lapse if the Tribunal advises the President that the Judge
be not removed from office.
(6)
The provisions of this Article shall be without prejudice to the
provisions of subarticle (11) of Article 109 of this Constitution.
Judges’ oath of
office
Act No.14 of
1979
Art.6
Act No.15
of 1984,
Art.22
111. A Judge of the High Court shall not assume the functions of his
office until he has first taken and subscribed the oath of allegiance and also such
other oath concerning the discharge of his duties as may be prescribed in
accordance with the law enacted by the Parliament.
PART III
THE JUDICIAL SERVICE COMMISSION
Judicial
Service
Commission
Act No.14
of 1990
Art.7
Act No.15
of 1984
Art.22
Act No.14
of 1990
Art.6
Act No.3
of 2000
Art.17
Act No.1
of 2005
Art.20
There shall be an Appointments Advisory Commission for
112.-(1)
Judges and Magistrates in Mainland Tanzania which in this Constitution shall be
known as the “Judicial Service Commission”.
(2) Members of the Commission shall be
(a)
the Chief Justice who shall be the Chairman;
(b)
the Attorney General;
(c)
a Justice of Appeal of Tanzania who shall be appointed in that
behalf by the President after consultation with the Chief Justice;
(d)
the Principal Judge; and
(e)
two members who shall be appointed by the President.
(3) A person shall not qualify to be appointed member of the Commission
under the provisions of paragraph (e) of subarticle (2) of this Article, if he is a
Member of Parliament or the holder of any other office prescribed in that behalf
by a law enacted by Parliament.
(4) In discharging its functions, the Commission may delegate its duties
to various Committees to be established in accordance with law enacted by
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