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 66

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